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Developer files suit against Wal-Mart

Developer files suit against Wal-Mart

$1.3 million sought for work done in Franklin Township

A developer has sued Wal-Mart in federal court, saying the company hasn't been paid $1.3 million for work done at the Franklin Township shopping center known as Waynesburg Crossing.

McHolme/Waynesburg LLC filed the lawsuit against Wal-Mart Real Estate Business Trust July 9 in federal court in the Western District of Pennsylvania.

The company, which is suing for breach of contract, is asking for more than $1.3 million that it claims Wal-Mart has failed to pay.

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A Wal-Mart spokeswoman said the complaint is being reviewed.

"We have had conversations with the developer related to our concerns about the engineering of the site," said Daphne Moore.

She would not elaborate on those concerns.

According to the lawsuit, McHolme, which is based in Elizabeth, and Wal-Mart entered into an agreement in March 2006 to perform site work on what will become Greene County's first major shopping center.

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But when the company submitted an invoice for $709,000, Wal-Mart refused to pay. Further, according to the lawsuit, McHolme performed an additional $600,000 worth of work on the project, which was requested by Wal-Mart.

Those services included $150,000 for over-blast in the parking lot area and nearly $200,000 for the remediation of pyrite, the lawsuit alleges.

According to William D. Clifford, who represents McHolme, his client has been paid for other parts of the project.

Waynesburg Crossing is located near the intersection of Interstate 79 and Route 21. The Wal-Mart Supercenter under construction on Murtha Drive is expected to be 143,000 square feet. Groundbreaking was May 19.

First Published: July 20, 2008, 4:00 a.m.

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