Cabell man sues Putnam company for faulty roof

By Lawrence Smith | Feb 17, 2010

WINFIELD - A Cabell County man is suing two contractors for improper installation of a cedar roof on his home five years ago.

John Hubbard Houvouras named Tim Kearns, and his business Kerns Roofing Inc., of Charleston, as co-defendants in a breach of contract suit in Putnam Circuit Court. In his complaint filed on Jan. 27, Houvouras, 45, of Huntington, alleges Kerns, working as a subcontractor for Hurricane-based Modern Home Concepts, Inc. and Dale A. Oxley, not only failed to properly install the roof to his house in 2005, but has also failed to make any repairs.

Houvouras' suit names Modern Home and Oxley as co-defendants.
According to the suit, Houvouras hired Kerns and Oxley on Aug. 15, 2004 to build him a new home. The contract called for the home to have a cedar roof.

Installation of the roof began on Feb. 5, 2005. It was completed, records show, about six weeks later.

However, Houvouras alleges no sooner was the roof was installed than it began leaking. He also maintains that large portions of it began falling to the ground.
In his suit, Houvouras avers he made "many attempts to compel the Defendants to fix and/or replace the defective Cedar Roof. The suit does not specific his first or most recent attempt.

Also, at a date not specified, Houvouras alleges at least on one occasion he had the roof inspected by an expert. The expert concluded the roof was not installed to industry standards, is defective and "needs to be replaced immediately to prevent further interior and exterior damage to the Plaintiff's real and personal property."

In his three-count suit, Houvouras makes claims against Kerns and Oxley for breach of contract, and breach of implied and express warranty. They had a duty to not only "erect the home and Cedar roof in a reasonably good and workmanlike manner," but to also "repair any defective conditions caused by their neglect, workmanship, and/or defective products."

As a result of Kerns' and Oxley's actions, Houvouras alleges he's suffered "monetary loss, incidental, consequential, actual and compensatory damages, and emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience." Houvouras estimates the cost to repair the roof at $35,000.

Houvouras seeks unspecified damages, court costs, attorney fees and interest. He is represented by Jason J. Stemple with the Huntington law firm of Duffield, Lovejoy and Stemple.

The case is assigned to Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court case number 10-C-37

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