McGraw files suit against Hurricane roofer

By John O'Brien | May 18, 2006

Darrell McGraw

CHARLESTON - West Virginia Attorney General Darrell McGraw has filed a lawsuit against a Hurricane roofing company with the hope of proving it is in violation of the West Virginia Consumer Credit and Protection Act.

McGraw filed the lawsuit May 17 in Kanawha Circuit Court against Mountaineer Roofing and Siding and owner Dana Sanders.

The complaint says McGraw's office has received 21 consumer complaints against Mountaineer Roofing since the start of 2001.

The lawsuit was filed through Rob Bastress, an Assistant Attorney General in the Consumer Protection Division.

McGraw's office hopes to have an order issued preventing Mountaineer Roofing from doing business until the matter is settled. It also seeks an order that commands Mountaineer Roofing to provide a list of all names, addresses and phone numbers of all West Virginia customers who paid for work since Jan. 1, 2002.

McGraw also seeks a penalty of $5,000 for each violation of the WVCCPA.

Listed in the lawsuit were the affidavits of two individuals, Kathy Maggard and Terry Blair.

Maggard says she paid Sanders $2,223 as a down payment for a metal roof in February 2005, but his company only took measurements for it and never came back.

Blair had a similar story, though he gave Sanders $3,822.60 on Jan. 31, 2005.

McGraw charges Mountaineer Roofing with false promise to complete agreed upon work, failure to substantially perform contract and failure to complete work by completion date.

Judge Paul Zakaib has been assigned the case.

Kanawha Circuit Court case number 06-C-946

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