UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): November 21, 2022
Energy Services of America Corporation
(Exact Name of Registrant as Specified in its Charter)
| Delaware | 001-32998 | 20-4606266 |
(State or other Jurisdiction
of Incorporation) | (Commission File
Number) | (I.R.S. Employer
Identification No.) |
| 75 West 3rd Ave., Huntington, West Virginia | 25701 |
| (Address of Principal Executive Offices) | (Zip Code) |
| Registrant’s telephone number, including area code: | (304) 522-3868 | |
Not Applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | Ticker symbol(s) | Name of each exchange on which registered |
| Common Stock, Par Value $0.0001 | ESOA | The Nasdaq Stock Market LLC |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ¨
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
Item 8.01 Other Events.
On November 21, 2022, Energy Services of America Corporation’s wholly owned subsidiary CJ Hughes Construction Company, Inc. (“CJ Hughes”) received an Amended Judgment Order (the “Order”) from the United States District Court for the Western District of Pennsylvania (the “Court”) involving a lawsuit against a former customer (the “Defendant”) as previously disclosed by Energy Services of America Corporation. The Order awarded CJ Hughes $5,883,787 for work performed, $5,800,528 in interest and penalties, and $1,634,761 in attorney’s fees. The total awarded by the Court is $13,319,076 (the “Judgment”). The Judgment remains subject to potential appeal. The Defendant has 30 days from the entry of judgment to file a notice of appeal.
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.
| | ENERGY SERVICES OF AMERICA CORPORATION |
| | |
| | |
| DATE: November 22, 2022 | By: | /s/ Charles Crimmel |
| | | Charles Crimmel |
| | | Chief Financial Officer |
