CHARLESTON — Two lawsuits have been filed against a Kanawha County contractor for construction in a subdivision.
The lawsuits both named Kenneth Roger Pence, a contractor, as a defendant. One lawsuit also named Bentz Property & Contracting, while the other named Cambridge Management Group and Bryan Joseph Pauley.
In the first lawsuit, John Brown and Melea Brown allege that they were looking for land to build a home on and saw Pence's advertisement for lots in Twik Lakes Estate, according to one of the two complaints filed in Kanawha Circuit Court.
The Browns claim they entered into a contract on July 12, 2021, for the purchase of a building lot in the subdivision and excavation work on the site began in the spring of 2022.
"As the footers were being dug, a big rain came and numerous springs and streams began springing from the ground, making the lot entirely unsuitable for building," the first complaint states.
The plaintiffs claim more than one other residence in the subdivision also had issues with landslides, natural springs and streams, and the road at the entrance required repair every year due to sinkholes and ground upheaval.
Each of the defendants knew or should have known that the building lot sold to the Browns was not suitable for the construction of a home, according to the suit.
The Browns claim the defendants breached their contract and misrepresented the property that they had purchased. The defendants were unjustly enriched at the expense of the Browns.
"Defendants, and each of them, concealed material facts in an effort to induce Plaintiffs into a purchase of a building lot that was unsuitable for the purpose for which Defendants knew Plaintiffs intended to use it for," the complaint states.
John Tomblin and Mary Tomblin also purchased property in Twin Lake Estates on May 22, 2020, according to their complaint.
The Tomblins claim the main sewer line had to be relocated and Bentz Contracting was hired to do so. Bentz was also contracted for the construction of a home for the Tomblins.
The plaintiffs claim they noticed discrepancies between the house plans and what was actually being constructed as construction progressed, according to the suit.
On Sept. 2, 2021, the plaintiffs began requesting in-person meetings with Pence to discuss the discrepancies and Pence began avoiding their calls and texts, according to the suit.
The plaintiffs claim after repeated attempts to reach Pence and Bentz without success, they requested a quote to do the windows, doors and siding from TJC Home Improvement and that contractor advised them to pause construction and have an engineer inspect the existing construction.
Solid Ground Engineering provided a report on April 28, 2022, noting many defects in the construction, according to the suit.
The Tomblins claim the defendants were negligent and breached their contracts and warranties. The defendants were unjustly enriched at the plaintiff's expense.
The Browns and the Tomblins are seeking compensatory and punitive damages for their separate claims. They are represented by Marvin W. Masters and Kimberly Grace Dotson of The Masters Law Firm in Charleston.
Attorneys for the plaintiffs declined to comment about the complaints.
The cases are assigned to Circuit Judge Stephanie Abraham and Jennifer Bailey.
Kanawha Circuit Court case numbers: 23-C-1054, 23-C-1055
