Woman says Brondie Construction breached its contract

By Kyla Asbury | Jul 26, 2013

CHARLESTON - A woman is suing Brondie Construction for breach of contract after he allegedly failed to properly install her swimming pool.

On March 1, 2012, Nancy J. Lovell entered into a written contract with Brondie for the construction of a swimming pool at her residence, according to a complaint filed June 28 in Kanawha Circuit Court.

Lovell claims Brondie failed to perform in accordance with its contractual obligations.

The contract required Brondie to remove Lovell's original swimming pool and concrete decking and then install a new pool and deck at the cost of $94,480, according to the suit.

Lovell claims under the terms of the contract, Brondie warranted that it would meet all current industry standards with respect to the construction of the pool and the deck.

Brondie failed to perform in accordance with its contractual obligations and otherwise failed to properly perform the work at Lovell's residence, according to the suit.

Lovell claims Brondie used improper fill; failed to properly construct natural stone terrace walls; improperly poured the concrete pool deck; improperly installed the pool shell; improperly constructed the tile around the pool; stained and scratched the pool shell coping while installing it; and failed to install a sewer line.

The defendant caused Lovell to suffer substantial harm as a result of Brondie's negligence and caused her annoyance, inconvenience, aggravation and inconvenience, 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 Arie M. Spitz of Dinsmore & Shohl LLP.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-1214

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