CHARLESTON -- A Charleston woman is suing Performance Industrial Coatings after she claims it breached its contract with her.
Rhino Linings Corporation was also named as a defendant in the suit.
In June 2011, Nancy J. Lovell met with a representative of Performance to discuss hiring it to finish or refinish a fountain in her yard, according to a complaint filed July 24 in Kanawha Circuit Court.
Lovell claims the representative recommended the use of a sealant product manufactured by Rhino for finishing/refinishing the fountain and while discussing the fountain, the representative observed her swimming pool and suggested she also retain Performance to finish/refinish the pool and its surrounding area with the Rhino product.
Performance and Lovell entered into a contract for the finishing/refinishing of the fountain and pool area and during the week of July 24, 2011, Performance employees came to Lovell's house and applied the Rhino product to the fountain and pool area, according to the suit.
Lovell claims within several days of the initial application of the Rhino product, she noticed the surface surrounding the pool became very slick or slippery when water came into contact with it and contacted Performance and apprised it of the slickness problem.
Performance agreed to return and attempt to remedy the problem and returned on three different occasions in an effort to remedy the slickness problem, according to the suit.
Lovell claims despite the defendant's repeated efforts, the slickness problem has not been remedied and the area surrounding her pool continues to present a hazardous situation.
The slickness problem and its attendant hazards have caused the pool area to be unsafe and unusable, according to the suit.
Lovell claims because of the safety hazard was created as a result of the acts performed by Performance and Rhino, she refused to pay Performance the $9,500 it charged her.
On Oct. 10, 2011, Performance filed and served notice of a mechanic's lien in the amount of $9,500 against Lovell's property, according to the suit.
Lovell claims it will cost approximately $65,000 to repair the pool area in order to free it of the safety hazards created by Performance and Rhino.
The defendants breached their contract with Lovell by creating the safety hazard and failing to properly finish/refinish the pool area, according to the suit.
Lovell is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Andrew L. Ellis, Mychal S. Schulz and Aric M. Spitz.
The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number: 12-C-1452