Insurance company sues Horry Co. Schools, others claim nearly $ 3 million for work


CONWAY, SC (WBTW) – An insurance company has filed a lawsuit against Horry County and other schools, alleging that they had not been paid nearly $ 3 million for work in the area. schools.

The suit was filed by Selective Insurance Company of America on Monday, according to the lawsuit. Horry County Schools, MetCon Construction, Inc., Firstfloor Energy Positive, LLC, Travelers Casualty and Surety Company of America, and others are listed as defendants.

According to the lawsuit, Horry County schools reportedly signed five separate construction contracts with FirstFloor Energy Positive for school construction. Selective Insurance alleges that when construction was completed at the end of the schools, the changes affected Hester Drywall, the drywall company that allegedly worked on the schools, which eventually ceased operations. Selective Insurance also says that they took over after the drywall company went bankrupt and provided replacement crews to complete the schools and supplies needed for the job.

"Selective, in accordance with the terms and conditions of the Hester-Selective Compensation Agreements, is the successor and acknowledged beneficiary of all amounts owing to Hester Drywall for work performed on its behalf or by default, and for which, or for which, more than one defendant Have so far not provided to Hester Drywall prior to the default payment and that it is still due at the date of filing hereof. "

Selective Insurance claims about $ 792,000 after the departure of Hester Drywall, as well as nearly $ 2.7 million worth of services provided prior to the drywall company's departure.

The insurance company also claims in the lawsuit that it was not paid on the date the lawsuit was filed.

"One or more of the defendants carelessly, deliberately, willfully, deliberately and improperly retain the funds they hold separately and / or collectively from Selective, even if they know or ought reasonably to know that these funds are due."

The lawsuit also indicates bonds issued by First Floor Energy Positive to fund projects in the following schools: Carolina Forest Middle School for approximately $ 45 million, Socastee Middle School for approximately $ 43 million, Socastee Elementary School for approximately $ 37 million. dollars, St. James Intermediate School for about $ 47 million and Myrtle Beach Middle School for about $ 46 million.

The lawsuit includes 14 causes of action, including:

  • Action for declaratory judgment against all defendants
  • Constructive confidence against all defendants
  • Security Claim Against All Defendants – HCSD-Firstfloor Energy Construction Contracts
  • Bail Claim Against All Defendants – Firstfloor Energy-Metcon / TA Loving Contracts
  • Breach of contract – Payment applications – Against Metcon-TA Loving, MetCon, TA Loving and Firstfloor Energy Positive
  • Unfair enrichment against all defendants
  • Fair accounting against all defendants

The full trial can be read right here.