Landscaping firm wins civil suit for work done near Tamaqua
A court-appointed board of arbitration, composed of three attorneys, rendered a verdict in favor of a landscaping company which had filed civil suit against a contractor.
The suit was brought by Byrd Yeany III, trading as Byrd Yeany's Seeding and Mulching Company, of Mayport, Clarion County, against Napcon Inc. of Wilkes-Barre, Luzerne County, and Commonwealth Insurance Company, Bala Cynwyd, Montgomery County.
Although neither party is from Schuylkill County, the work performed by Yeany was on behalf of Napcon, which had a contract with the Pennsylvania Department of Enviromental Protection, to perform seeding and mulching service on the Pisgah Ridge West Mine Reclamation Site, located in Tamaqua and Coaldale boroughs.
Yeany filed suit when Napcon and Commonwealth Insurance Company, the bonding company, failed to pay the amount he sought $57,080. He claimed he performed the work in a satisfactory and professional manner in January 2006 and provided further services in June 2006.
Napcon claimed Yeany failed to honor his warranties and correct deficient work and also denied Yeany performed work in June 2006. Napcon claimed it was forced to expend $47,000 to repair the work.
The arbitration board ruled in favor of Yeany and awarded him $39,665.