WEST VIRGINIA RECORD

WINFIELD – State Attorney General Patrick Morrisey has filed a lawsuit against a Cabell County contractor, alleging it violated the state’s Consumer Credit and Protection Act.

Morrisey’s lawsuit, filed Aug. 19 in Putnam County Circuit Court, alleges Basset Construction repeated unlawful business practices that were the subject of a June 17, 2011, agreement reached between it and former Attorney General Darrell McGraw.

“The actions of Basset constitute violations of the Act in that they were unfair deceptive acts or practices pursuant to (the WVCCPA) as well as the Attorney General’s Home Improvement Rule,” the complaint says.

“The substance of the Newell Contract were in violation of not less than three provisions of the Attorney General’s Home Improvement Rule, namely, the three-day right to cancel notice, notification of ‘good faith estimates’ of materials and costs, as well as proper notice of licensure.”

Morrisey’s lawsuit seeks restitution for consumers who were harmed by Basset’s business practices, court costs, investigative costs, attorneys fees and penalties of $5,000 for each violation of the WVCCPA.

Complaints were filed against Basset with the AG’s office in 2004, 2005, 2010 and 2011. On June 17, 2011, mediation with McGraw’s office resulted in an assurance of discontinuance whereby Basset agreed to stop certain unlawful business practices.

Morrisey says that on July 16, 2012, Basset entered into a contract with Michael J. Newell, of Hurricane, to build a garage. The work was to be completed within four weeks for $29,500.

After work began on the foundation, Basset stopped working on the project, the complaint says. Newell says he attempted to contact Basset several times through November, and the contractor promised to complete the work.

On April 15, Newell referred the matter to Morrisey’s office, which says its attempts to reach Basset have been unsuccessful.

The lawsuit alleges violations of the WVCCPA, unjust enrichment, negligence, fraud and intentional misrepresentation.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.