A software company is suing Berkeley County for breach of contract, claiming the county failed to pay nearly $140,000 for services requested over the summer. The topic was the focus of a closed-door meeting Tuesday in Moncks Corner.
During executive session, no action was taken but council members discussed the status of the pending suit, filed in the Court of Common Pleas Oct. 8 by SpartanTec. The IT company is headquartered in the county but regularly conducts transactions in Horry County, according to court documents.
The suit states that the county failed to pay SpartanTec $139,524.04 for “hardware, software and IT managing services,” though the company has requested payment more than once and now owes its own supplier, Fortinet, a total of $91,978, court documents said.
“Despite plaintiff requesting payment various times pursuant to the terms of the proposal and purchase order, the defendant has failed and refused to pay,” the plaintiff states in court documents.
On July 9, the company provided the county the quote; and on July 31, the county sent the company a detailed purchase order. SpartanTec delivered the requested hardware and software to the county on Aug. 8, said court documents.
Though not authorized to conduct returns, a policy the company said it made the county aware of, in September the county still opted to return the delivered hardware/software, citing a new person in a managerial role “had declined to utilize” the equipment, according to the suit.
SpartanTec is seeking a jury trial and nominal, actual and general damages, as well as repayment for any related court cost and attorney fees.
The county has taken no action on the issue.
