Man sues over work done to kitchen

by Kyla Asbury |
Oct. 17, 2013, 8:45am

HUNTINGTON - A man is suing Kitchens By Woody's for an alleged breach of contract that caused him damages.

On May 23, 2011, Tom Canterbury contracted with the defendants to install various utility room and bath cabinets, fixtures, shower walls and other materials in his new residence in Milton, according to a complaint filed Sept. 30 in Cabell Circuit Court.

Canterbury claims in September 2011, the defendant contracted with him to order and install additional materials in the home, but he realized by January 2012 that the defendant would not fulfill its contractual obligations.

In January 2012, Canterbury noticed various deficiencies in the workmanship and quality of the products installed in his home and on Jan. 26, 2012, the defendant's representative demanded a final payment in the amount of $3,942.53 for "bathroom work," according to the suit.

Canterbury claims in spring 2012, the defendant and came to the Canterbury residence to discuss the substandard work and possible methods of correction in order to satisfy the terms of the contract and resolve his complaints.

Even though there were substantial deficiencies in the installation of the cabinets, fixtures, shower walls and other materials in the home, the defendant refused to correct the defects in workmanship and the products which were installed, according to the suit.

Canterbury claims the defendant refused to fulfill its contractual obligations, was negligent and breached its contract with him.

After the defendant's refusal to correct the substandard and deficient work performed by its employees and agents, Canterbury was forced to hire another contractor to engage in remedial work at a great expense, according to the suit.

Canterbury is seeking compensatory damages with pre- and post-judgment interest. He is being represented by W. Michael Moore of Moore & Biser PLLC.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-729

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