CHARLESTON – A woman is suing Above Average Landscaping for breach of warranty and failing to complete work in compliance with standards of workmanship.

On July 20, Donna Fish contracted Above Average Landscaping and Gary Haddox to provide a concrete driveway and a stamped/stained concrete porch and patio for her home for the price of $14,300, according to a complaint filed Oct. 6 in Kanawha Circuit Court.

Fish claims after the work began, she decided she also wanted the concrete in the patio area to be stamped and stained brown to match the porch, which was an additional $750 and made the total cost of the job $15,050.

The defendants were aware that Fish was unable to go outside her home to inspect the work on the day of completion because she is disabled and her wheelchair was in the ship for repairs, according to the suit.

Fish claims she was told that she could not go on the porch for two days, so when her wheelchair was back from the shop and she was able to inspect the work, she discovered that the work performed by the defendants was not completed as expressly warranted and was not performed in compliance with accepted standards of workmanship.

The concrete driveway and patio immediately began crumbling in areas, had a bumpy texture and was uneven and unsightly, according to the suit.

Fish claims the stamped pattern on the porch and patio areas also does not line up properly and was poorly executed.

The stamped areas are also stained unevenly and the wrong color, according to the suit.

Fish claims she also noticed the defendants damaged her property by tracking wet concrete on a new composite deck and across the asphalt driveway and splashed wet concrete on the siding around the concrete porch.

The defendants refused to fix the problems, according to the suit.

Fish is seeking compensatory and punitive damages. She is being represented by Kristina Thomas Whiteaker and David L. Grubb.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1784

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