ST. CROIX — A legal dispute between First Resort Painting Inc. and general construction firm GEC LLC has resulted in a monetary award for FRP, following more than three years of litigation stemming from unpaid construction work on the Magens Junction Apartments project on St. Thomas, according to court documents.
Superior Court Judge Kathleen Mackay awarded FRP $28,275 after GEC admitted owing the money for painting services performed during the Magens Junction Apartments Phase I project, according to a ruling issued on February 24.
After obtaining the judgment, FRP in April secured a writ of execution — a court order directing a marshal to collect the judgment from GEC’s assets. The writ of execution, signed on April 25 by Tamara Charles, clerk of the court, was refiled on July 30.
The court’s ruling came after GEC failed to oppose FRP’s motion for partial summary judgment — a legal request that allows the court to rule on part of a case when the facts are not in dispute.
In court filings, FRP said it was hired by GEC to provide labor and materials to paint residential buildings at Magens Junction Apartments, located at the former site of St. Thomas Dairy. GEC, represented in the case by attorney Warren Cole, confirmed the outstanding balance of $28,275 in written discovery responses and did not contest FRP’s claims in court. The court’s order also allows FRP to collect 4% annual interest on the judgment until paid in full.
According to the first amended complaint submitted by attorney Michael Sheesley on May 3, 2022, GEC was contracted by Jackson Development Company to oversee construction at Magens Junction Apartments. GEC, in turn, hired FRP to complete painting and finishing work for the residential buildings, both interior and exterior.
During a Committee on Culture, Youth, Aging, Sports and Parks meeting on July 18, Senator Franklin Johnson said he received information about approximately three companies suing GEC over payment disputes related to the Paul E. Joseph Stadium project, which is being completed by GEC. John Wessel, GEC managing member, said he would need to consult with his attorney, who was not present at the hearing.
By inquiring about any pending legal claims for nonpayment, Johnson highlighted potential issues with GEC’s business practices and reliability when it comes to the stadium project.
“These are things that tell us that it’s not going to be completed,” Johnson said, suggesting Wessel moves from subcontractor to subcontractor.
A search of Superior Court records for open and closed civil cases involving GEC as a defendant revealed two open breach of contract claims, as well as 10 closed cases where judgments were entered against GEC for refusal to pay contractors, including three others besides First Resort Painting who worked on the Magens Junction Apartments project.
The open cases were filed by Virgin Islands Paving and Atlantic Maintenance and Trucking Services.
Virgin Islands Paving sued GEC in 2014 to collect money allegedly owed after performing work on three separate construction projects, including work in Williams Delight, work on Queen Mary Highway, and work on a viNGN project. VI Paving is seeking judgment against GEC in the amount of $878,152.
Atlantic Maintenance and Trucking Services Inc. sued GEC in a complaint filed on June 23, 2023, claiming GEC failed to pay $14,200 for crane services on two occasions in December 2022 at the Gallows Bay dock. Atlantic filed a motion for entry of a default judgment against GEC on September 12, 2023.
