Couple sue B&W Contracting, others for breach of contract

By Kyla Asbury | Sep 11, 2013

CHARLESTON - A couple are suing B&W Contracting LLC for an alleged breach of contract that caused them property damages.

James W. Young, individually and doing business as J.W. Young Excavating; and Brian T. Young were also named as defendants in the suit.

On April 15, William R. Young and Paula S. Young entered into a contract with the defendants for the rebuilding of their home, which had been severely damaged by a fire around Christmas 2012, according to a complaint filed Aug. 21 in Kanawha Circuit Court.

The plaintiffs claim the defendants failed to perform the work agreed to by the parties, performed substandard work on the project and failed to pay materialmen and subcontractors for work performed and materials provided for the reconstruction of the plaintiffs' residence.

The defendants also walked off the job prior to its completion, according to the suit, and breached their contract with the plaintiffs.

The plaintiffs claim the defendants caused them to incur costs and expenses to complete the construction of their residence under the terms of their contract with the defendants; correct the substandard work performed by the defendants; have incurred costs and expenses in excess of the contract price agreed to; and have incurred annoyance, inconvenience, aggravation and embarrassment.

The defendants' actions constituted deception, fraud, false pretense, false promise and/or misrepresentation, according to the suit.

The plaintiffs are seeking compensatory damages with pre-judgment interest. They are being represented by Eric B. Hudnall and W. Charles Noel.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1592

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