HUNTINGTON – A Marshall University sorority has filed a federal lawsuit claiming a construction company improperly installed a roof on its house.
In May 2013, Sigma Sigma Sigma Alumnae contracted Homebuilders Plus to remove an existing roof and install a replacement roof at its Marshall University sorority house in Huntington, according to a complaint filed Feb. 10 in the U.S. District Court for the Southern District of West Virginia.
Sigma claims during the course of its work on the sorority house, the defendant learned that the roof substrate was comprised of gypsum panels, as opposed to plywood or other typical roofing substrate materials.
"Defendant made no effort to inform itself as to the proper method of attaching roof shingles to gypsum substrate panels prior to attaching new shingles to the roof panels," the complaint states. "Instead, defendant simply utilized a pneumatic nailer to attach the new roof shingles, which resulted in spalling and cracking of the gypsum panels and damaging their structural integrity."
In Summer 2014, Sigma discovered cracking and deformation of the substrate panels, which resulted directly from the defendant's actions, and which necessitate the removal and replacement of the substrate and shingles, according to the suit.
Sigma claims a subsequent inspection of the house revealed that the roof installation was improperly performed and failed to comply with industry standards.
The defendant failed to act in a reasonable manner by failing to fully investigate and educate itself before attempting to attach shingles to the gypsum substrate panels, according to the suit.
Sigma claims Homebuilders breached its contract by improperly installing the roof, which caused the sorority to suffer damages.
Sigma is seeking compensatory damages. It is being represented by Robert Sweeney Jr. and Jason D. Bowles of Jenkins Fenstermaker PLLC.
U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-01626