Couple sues E.F. Clark & Son Builders for landslide

By Kyla Asbury | Apr 7, 2010

CHARLESTON -- A Kanawha County couple is suing E.F. Clark & Son Builders for negligence and breach of contract.

CHARLESTON -- A Kanawha County couple is suing E.F. Clark & Son Builders for negligence and breach of contract.

On July 15, 2004, David and Robin Claudio entered into a contract with the defendant to build a home on property in Charleston, according to a complaint filed March 11 in Kanawha Circuit Court.

The Claudios claim a landslide began to occur in April 2009 in their backyard and has progressively been getting worse since.

The landslide was caused by the defendant's improper fill, failure to compact the fill with proper compaction equipment and inadequate surface and subsurface drainage, according to the suit.

The Claudios claim none of the other properties in the development surrounding their home have experienced any of the same problems.

The Claudios claim the defendant negligently failed to inspect the fill placement, negligently supervised the fill placement and failed to take corrective actions when the problem was brought to the defendant's attention.

The Claudios are seeking compensatory damages. They are being represented by Timothy DiPiero, Robert M. Bastress and Gregory Chiartas.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-466

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