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August 15, 2013

Pa. paving company suing candy maker

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A Dalton. Pa., paving company has sued Daffin’s Inc. for allegedly failing to pay for a paving job.

Daffin’s responded that N. Stanley Paving Inc. did more work than it was supposed to and is trying to “extort” a settlement from the local candy maker.

Stanley, also known as N. Stanley and N. Stanley Paving, sued Daffin’s and two related trusts June 26 alleging breach of contract and unjust enrichment.

The company said it entered into a contract to mill cracks and broken blacktop and pave the parking lot at the Daffin’s factory, 7 Spearman Ave., Farrell.

Daffin’s has stiffed the company $46,200 for the work completed Sept. 21, said Stanley, which is seeking that amount plus interest.

As part of the suit, Stanley presented what it called a contract and warranty dated Sept. 21 that lists the total due as $46,200.

In its answer filed Tuesday, Daffin’s denied the charges and called Stanley’s conduct “fraudulent, illegal and unjustified.”

Nick Stanley approached the company, said he was working on the Martin Luther King Jr. Boulevard (Route 760) widening project in Farrell and had leftover asphalt he needed to get rid of, Daffin’s said.

Nick Stanley made an oral agreement with Daffin’s to pave “a small portion” of the parking lot for $7,000, Daffin’s said.

Daffin’s Operations Manager Gary Sigler asked for a bill but Nick Stanley said he would return Monday with the bill and accept payment then, Daffin’s said.

Stanley and associates “proceeded to pave a portion of the parking lot that was approximately 3 to 4 times the size of area originally agreed to by Stanley and Sigler, including a large portion which did not need repaired whatsoever and which neither Sigler nor anyone else authorized to be repaved,” Daffin’s said.

Sigler called Stanley and asked why he paved a larger area and Stanley responded that “the parking lot and property were beautiful and that he wanted to do a good job on it,” Daffin’s said.

“Stanley then proposed that Daffin’s pay $21,000 instead of the invoiced amount of $46,200,” Daffin’s said. Sigler refused the deal and Daffin’s sent a check for $7,000, which Stanley returned to Daffin’s without cashing, Daffin’s said.

Stanley has filed “a frivolous lawsuit to attempt to extort payment in excess of the agreed upon $7,000,” Daffin’s said.

The alleged written contract does not represent the agreement entered into by the parties, Daffin’s said.

The contract was signed after the work was done and after Sigler had left for the day by a Daffin’s cook who was not authorized to sign it and did not know the agreement between Sigler and Stanley, Daffin’s said. The cook was told by a Stanley associate that the document attested that the work was complete, Daffin’s said.

The defendants are “the victims of a common paving scam by which a traveling paver agrees to do work for a certain price and then dramatically inflates the price upon completion,” Daffin’s said.

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