Couple sues Champion Window for breach of contract
Kyla Asbury Apr. 10, 2012, 3:33am
WAYNE -- A Wayne County couple is suing Champion Window of Charleston for failure to honor its contract in installing a sunroom in their home.
On Aug. 2, 2011, the defendant sent representatives to David Carver and Linda Carver's home to provide an estimate on adding a sunroom to their home, according to a complaint filed March 29 in Wayne Circuit Court.
The Carvers claims on Aug. 11, 2011, they entered into a contract with the defendant wherein the defendant agreed to install a sunroom for the amount of $24,435.
The defendant's representative told the Carvers that the work on the sunroom would be completed within 60 days and the work would be completed by one crew from start to finish, according to the suit.
The Carvers claim it has been more than seven months and the work still has yet to be completed.
Champion Window also failed to perform work in a workmanlike manner, including French doors that are not level and do not close properly, the siding on the porch is not attached properly, the drywall work is not finished properly, the windows that were installed are not level and the ceiling materials are not installed correctly, according to the suit.
The Carvers claim the defendant breached its contract with them and made repeated fraudulent representations concerning the ability to complete the agreed upon work.
As a result of the defendant's fraudulent misrepresentations, the Carvers sustained damages, according to the suit.
The Carvers are seeking compensatory damages. They are being represented by Scott D. Maddox.
The case has been assigned to Circuit Judge Darrell Pratt.
Wayne Circuit Court case number: 12-C-082