Couple sue AB Contracting for breach of contract

By Kyla Asbury | Sep 25, 2013

CHARLESTON - A South Charleston couple are suing AB Contracting Inc. for allegedly breaching its contract with them.

Michael Winter and Larra Winter entered into a contract with the defendant in May 2011 for the defendant to install and construct a new home, according to a complaint filed Aug. 30 in Kanawha Circuit Court.

The Winters claim as part of its contractual duties and obligations, the defendant was charged with the responsibility to properly design, install and construct the home and to complete services in a good and workmanlike manner, free from defects.

During the course of and after construction was completed, the Winterses discovered several serious deficiencies regarding the defendant's design, installation, construction and overall workmanship of the home, according to the suit.

The Winters claim AB Contracting breached its contractual and other obligations owed to them by failing to properly perform the design, installation and construction services in a good and workmanlike manner, free from defects.

As a direct, proximate and foreseeable result of the defendant's breach of contract and other acts and omissions, the Winterses incurred substantial damages for among other things, including substantial property damage, repair costs, loss of use, diminution in value of their home, annoyance, inconvenience and other damages, according to the suit.

The Winters are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Charles M. Johnstone II and David A. Dobson of Johnstone & Gabhart LLP.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1662

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