CHARLESTON - A Kanawha County man has filed a lawsuit against a landscaping and construction company, claiming the company did not properly install a wall on his property.
James Haas filed a suit Feb. 13 in Kanawha Circuit Court against Jason Edge and Evergreen Services.
In the fall of 2003, Haas hired Edge to build a retaining wall next to his home. The wall was about 18 feet high and 150 feet long. Haas paid about $34,150 for the wall and associated landscaping. He then hired another company to put up a steel fence with light poles on top of the retaining wall, which cost about $25,000.
The suit says the wall was improperly constructed and has moved significantly since it was built, "as evidence by growing gaps between the blocks that make up the wall and sinking land behind the wall."
An area near the wall is "swampy" because of improper drainage in and around the retaining wall.
The suit says Haas has contacted Edge, but Edge has continued to say the wall is not moving, the land behind the wall is not sinking and there is no drainage problem. Hass says damages include the cost to fix or replace the wall and all related fencing, landscaping, drainage structures and sprinkler systems.
Haas claims Edge breached his contract and failed to reasonable design and construct the wall in such a way as to prevent it from moving and causing the land behind the wall to sink, and to allow for proper drainage of water around the wall.
He seeks the amount of the cost of tearing down and replacing both the retaining wall and wrought-iron fence, as well as landscaping costs, drainage structures and sprinkler systems.
Lenna R. Chambers represents Haas, and the case has been assigned to Judge James Stucky.
Kanawha Circuit Court case number 07-C-288