Woman says water damage problem persisted after repair

By Kyla Asbury | Oct 25, 2013

CHARLESTON - A Charleston woman is suing United Structural Systems Ltd. Inc. after she claims it breached its contract with her.

Prior to August 2010, Marjorie Seaton was experiencing structural and moisture infiltration issues at her home and contacted the defendant to address her issues, according to a complaint filed Sept. 25 in Kanawha Circuit Court.

Seaton claims the defendant inspected her home and contacted Randolph Engineering, a structural engineer company, to design a repair the defendant was to perform on Seaton's home.

On Aug. 12, 2010, Seaton signed a contract with the defendant that provided the defendant would perform structural and foundation construction repair on Seaton's home, and, in consideration for the defendant promising to repair her home, Seaton promised to pay $25,100, and provided $5,020 at the time of contract signing for a down payment toward the contract, according to the suit.

Seaton claims during the winter months of 2010, after the defendant had allegedly completed the work, she began experiencing substantial water coming into her basement and complained to the defendant. however, the defendant blamed the water on two broken water pipes, she says.

The defendant returned to Seaton's home and allegedly repaired the broken water pipes, according to the suit, but, despite the defendant having stated that it had repaired the situation, Seaton continued to experience considerable flooding in her basement.

Seaton claims she continuously contacted the defendant to repair the defective construction and the resulting property damage, and in late 2011, the defendant sent Randolph Engineering to re-inspect the home and make recommendations for repair.

The defendant refused to make appropriate repairs and Seaton suffered damaged carpet, a destroyed dryer, damage to the walls and damage to her personal items, according to the suit.

Seaton is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Charles M. Johnstone II of Johnstone & Gabhart LLP.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-1824

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