CHARLESTON -- A California resident is suing A Total Comfort Heating and Cooling, Inc., after he claims it failed to perform adequate work on his West Virginia residence.
Thomas Collier, an employee of A Total Comfort Heating and Cooling, was also named as a defendant in the suit.
Bryan Hallan contracted the defendants to install a new heating system in his house in West Virginia, according to a complaint filed Aug. 19 in Kanawha Circuit Court.
Hallan claims the defendant installed the heating system without providing any ventilation and the heating system soon malfunctioned, causing him to hire a second contractor in order to properly ventilate the unit.
The defendants failed to perform the work as agreed, refused to refund Hallan's payments for work not performed and failed to comply with the provisions of the West Virginia Consumer Credit and Protection Act, according to the suit.
Hallan claims the defendants breached their contract with him by not properly installing the heating system.
The defendants' failure to substantially perform the home improvement contracts it entered into with consumers constitutes unfair or deceptive acts or practices, according to the suit.
Hallan is seeking awards for the amount of the original contract, reimbursement for having to hire a second contractor and punitive damages. He is being represented by Toby J. Buel.
The case has been assigned to Circuit Judge Charles E. King.
Kanawha Circuit Court case number: 11-C-1421