Couple accuse East Coast Pool Designer of breach of contract
Kyla Asbury Aug. 21, 2012, 8:18am
CHARLESTON -- A Kanawha County couple is suing East Coast Pool Designer, LLC after they claim it breached its contract with them and caused them damages.
Jason Mullholland was also named as a defendant in the suit.
Rex Kuhl and Karen Kuhl contracted with the defendants to install their in-ground pool for the contract price of $12,000, according to a complaint filed Aug. 2 in Kanawha Circuit Court.
The Kuhls claim Mullholland promised that he possessed a high degree of skill and expertise in concrete work and the defendants expressly warranted the quality and character of work and materials to be provided.
The defendants expressly and impliedly warranted the quality, safety, efficacy and workmanship of the labor and materials to be provided pursuant to the home improvement contract, according to the suit.
The Kuhls claim the defendants deviated from the work promised in the initial contract and performed substandard work, causing additional damage to their property.
The defendants knew or should have known that their work was ineffective and substandard, but represented to the Kuhls that the work performed was adequate and effective, according to the suit.
The Kuhls claim the defendants failed and/or refused to complete the promised with for the agreed price and failed and/or refused to honor the applicable express and implied warranties by completing and repairing their substandard work when requested.
The defendants' unlawful actions caused the Kuhls to suffer extensive additional damages related to their inability to use the in-ground pool and certain parts of the home in its damaged condition and costs necessary to repair the substandard work, according to the suit.
The Kuhls are seeking compensatory and punitive damages. They are being represented by Cameron S. McKinney and David L. Grubb.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-1554