This article appeared in The
Fenton Art Glass sued over gas bill
By JEFFREY SAULTON, Staff Writer
Hess Corp., formerly known as Amerada Hess Corp., brought the suit demanding
payment from Fenton of $191,685.88, stating the company entered into a base
agreement with the Williamstown company for the
purchase of natural gas on Sept. 22, 2004. George Fenton, president of Fenton
Art Glass Co., said he had not seen the lawsuit when reached at his office
Tuesday evening.
Fenton said the action by Hess was not expected.
“We are unaware of the suit,” he said. “We have been in communication with all
our vendors, including Hess, and this has been inconsistent with the actions of
our creditors; this is a surprise.
“We have been doing the best we can for all our creditors.”
When asked if there had been a change on the date when the company would cease
operations, Fenton said the company is still active, dealing with the increase
in orders after the company announced its closing.
“We have been working on the orders and we are evaluating the situation every
day; we are very busy,” Fenton said. “We continue to look for ways to find a
solution.”
When the company announced it was shutting down, it stated production would
stop by the end of October. However, on Nov. 2 the company said the hot metal
area would be operating until the end of November and the decorating and
finishing departments would be active through December.
From September 2004, Hess supplied Fenton with natural gas and billed it with
multiple invoices, the suit states. According to the agreement, Fenton was to
pay the invoice within 15 days and interest on unpaid invoices will accrue from
the date until payment, according to the suit. In the base agreement it
provides that as buyer, Fenton will be responsible for all costs, fees and
expenses, including reasonable attorney’s fees.
According to the lawsuit, Fenton breached the agreement and defaulted by
failing to pay.
On June 22, 2007, Hess sent a notice of default and written demand for cure to
Fenton by certified mail, notifying the company of the past due balance and requested
the company make arrangements to pay its past due invoices. At the time,
according to court records, the amount owed was $147,496.90. In the letter Hess
stated Fenton had five days to make arrangements to pay the invoices, but the
suit stated Fenton did not respond.
As of Oct. 17, 2007 Fenton owes Hess $191,685.88 for unpaid natural gas,
according to the filing. In addition, the suit states the company owes accruing
interest at the lesser of 10 percent per annum or the maximum rate allowed by
law, Hess’ reasonable attorney’s fees and costs in collecting the amount, all
as provided under the terms of the base agreement
Hess demands judgment against Fenton of $191,685.88, plus prejudgment interest
pursuant to the terms of the base agreement, post-judgment interest and
plaintiff’s reasonable attorney fees and costs expended in collection of the
amount due, the suit states.
Fenton has 30 days to answer from the filing date. According to court records,
the attorney for Hess, Scott K. Sheets of Huddleston Bolen LLP, did not demand
a trial by jury but said it will be ready for trial by May 2008. As of Tuesday,
Fenton had not filed a response and the case had not been assigned to a judge.
In August, Fenton announced it would cease operations after 102 years in the
art glass business.
In July, it was reported Fenton Art Glass owed more than $157,000 in personal
property tax and more than $72,000 in real estate tax. Earlier this month,
George Fenton said the company is current on its real estate taxes but is still
working on its personal property tax bill.