Couple says Home Depot, installer didn't do job

By Cara Bailey | Feb 22, 2007

CHARLESTON - A Kanawha County couple has filed a suit against a national hardware store, as well as a local installation company, claiming the companies did not follow their contracts.

Carl and Linda Grubbs filed a suit Feb. 14 in Kanawha Circuit Court against Home Depot and Mountain State Door and Window. The two were hired to replace cabinets and windows in the Grubbs' kitchen, but some of the work was wrong and remains incomplete.

On April 23, 2006, the Grubbs hired Home Depot to measure and design new kitchen cabinets and install the cabinets. The complaint states the Grubbs paid Home Depot $10,475.29 for the work. After ordering the cabinets, the Grubbs informed Home Depot they had no storage space for the cabinets.

On May 5, 2006, Phillip Howerton and Mountain State Door and Window were hired by Home Depot to measure the kitchen and install the cabinets. On June 6, 2006, Home Depot delivered the cabinets to the Grubb's residence. All of the cabinets, except for three, were placed in the kitchen. The other three were left outside -- in the weather elements -- despite the instructions of the Grubbs, the suit says.

Workers from Mountain State Door and Window arrived on June 16, 2006, to install the cabinets, but said there was no room to work because all the cabinets were placed in the kitchen by Home Depot. According to the suit, Linda Grubbs informed Home Depot she was not happy about the cabinets being place outside, and Home Depot said that if the cabinets were outside, the store was not responsible, even though its employees placed them there, the suit says.

The Grubbs then notified Home Depot they no longer wanted the cabinets because the manufacturer refused to warrant their quality due to Home Depot's placement of the cabinets outside the home, the suit says.

On July 5, 2006, Howerton informed the Grubbs the cabinets were too large. An employee of Home Depot told the Grubbs the store would either provide cabinets which were not contracted for or pull its employees and stop work on the kitchen. The Grubbs refused to those terms, and as a result Home Depot stopped all work on the kitchen, the suit says.

"During the course of installation, Mountain State Door and Window removed all of the appliances, lights and electrical outlets in the kitchen, all of which are still disconnected," the complaint states.

The kitchen has been non-functional since June 19, 2006, and the suit says the Grubbs have had to dine out for every meal.

The Grubbs seek reimbursement for any and all expenses, and punitive damages.

Christine D. Derderian is the attorney for the Grubbs, the case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 07-C-293

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