HUNTINGTON – Southern Nights, Inc., is suing IPI, Inc., after it claims it negligently installed a roof and caused substantial damages.
Southern Nights and IPI entered into an express contract whereby IPI agreed to repair and replace a roof on the plaintiff’s property, according to a complaint filed Feb. 28 in Cabell Circuit Court.
Southern Nights claims IPI negligently, improperly and unsatisfactorily installed, repaired and/or replaced the roof.
The defendant was paid $12,000 to repair and replace the roof, according to the suit.
Southern Nights claims the defendant breached its duties and obligations under the contract by negligently, improperly and unsatisfactorily installing, repairing and/or replacing the roof, which caused the roof to leak.
The leak in the roof caused further damage to Southern Nights’ property and rendered the roof totally useless for practical and useful purposes and resulted in defects and devaluation to the property, according to the suit.
Southern Nights claims as a result of the defendant’s failure to honor its obligations to the contract, it has suffered damages in an amount exceeding $53,000.
Southern Nights relied on all of the defendant’s misrepresentations, deceptions, false pretenses, false promises, concealment, suppression and omission of material facts, which caused damages, according to the suit.
Southern Nights is seeking compensatory damages in an amount exceeding $53,000 and punitive damages with pre- and post-judgment interest. It is being represented by Michael S. Bailey of Bailey & Howard, PLLC.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 13-C-136