Jim Justice's businesses have responded to a lawsuit filed by a Texas-based firm alleging the governor-elect's companies have not paid for $771,268 worth of flood cleanup work that was undertaken at The Greenbrier resort after severe flooding hit the region in June.
On Thursday, lawyers with Pullin, Fowler, Flanagan, Brown and Poe, which are representing Justice's companies, filed an answer to the legal complaint asking federal district judge Irene Berger to dismiss the lawsuit that was filed by BMS CAT.
The Greenbrier's attorneys admit that the flood remediation work was done on the resort's chapel, ballroom, PGA tournament office and several other buildings.
But among the long list of varying defenses that were offered up, they argue that The Greenbrier and other Justice companies never entered into an "enforceable valid contract" with BMS CAT.
Justice's press secretary, Grant Herring, did not respond to questions for this story. The media office for The Greenbrier did not respond by the time of publication.
The ongoing lawsuit comes several months after BMS CAT filed a mechanic's lien against the Justice's companies in October for the unpaid bills, while the billionaire was running for West Virginia's highest office. The flood remediation company filed the federal lawsuit against the Greenbrier in early December in order to enforce that lien.
In their complaint, BMS CAT's attorneys alleged the company had performed the cleanup work, got the finished work approved by one of Justice's employees, provided Justice's companies with an invoice and repeatedly contacted them asking for payment.
"The Justice defendants have failed to pay [BMS CAT] for all work completed and materials supplied, despite [BMS CAT's] repeated request for payment," the complaint says. "Instead, the Justice defendants have given the hollow assurances that [BMS CAT] will be paid eventually."
The Greenbrier's attorneys either deny those allegations or say BMS CAT's complaint "mischaracterizes" and "misconstrues" the invoices that are referenced.
When the unpaid bills were first reported to the public, Herring, who was then Justice's campaign spokesperson, provided a statement from the CEO of the resort's insurance company that said the unpaid bill were the result of a misunderstanding. The invoices would be covered under the insurance plan in the near future.
When the lawsuit was filed in December, Herring provided a statement from Elmer Coppoolse, the Greenbrier's chief operating officer, who said the resort hadn't received compensation from the insurance carrier.
No such insurance plan or insurance payment is mentioned in the response to the lawsuit.
Reach Andrew Brown at andrew.brown@wvgazettemail.com, 304-348-4814 or follow @Andy_Ed_Brown on Twitter.