Deck work done shoddily, lawsuit says
John O'Brien Aug. 16, 2006, 4:07pm
MOUNDSVILLE - A Moundsville woman says the man contracted to build her deck did not finish it and will not return her phone calls.
Lakshmi Dove filed a lawsuit Aug. 7 in Marshall Circuit Court against Tom Carney, claiming he is in violation of their contract.
"Plaintiff has performed all the stipulations, conditions and agreements required of her under the terms of the contract," the complaint says. "Defendant has failed and refused, and still fails and refuses, to perform his part of the contract.
"(He) refuses to answer any phone calls, messages left, refuses letters sent through the U.S. Post. I have no way of communicating with him since he will not respond to me in anyway."
Dove filed the lawsuit herself and lists several problems with the work that was done.
She says the deck is not finished and what was done is not straight.
"There are only a few nails holding the boards down," she adds.
Also, the front of the deck is only supported by two boards, making it unsafe to walk on.
She alleges that insulation used on an addition that Carney was hired to build is the wrong insulation, the siding is not done, a spiral staircase was not installed, gutters and downspouts were not hung, stovepipes were not installed, the attic did not have enough vents, the wiring was not done correctly, the walls are not straight, the medicine cabinet was not framed in and the facia was done incorrectly.
She says she has been damaged in the amount of $20,000.
Judge Mark Karl has been assigned the case.
Marshall Circuit Court case number 06-C-178