Beckley couple sues contractor, alleging fraud, negligence

By Mark Trammell | Sep 10, 2015

BECKLEY – A Beckley couple is suing a contractor, alleging negligence, fraud and other damages in a botched home construction.

Roger and Debra Mooney, of Beckley, filed a lawsuit July 31 in Raleigh Circuit Court, against Derek Johnson, doing business as Derek Johnson Construction in Cool Ridge, alleging negligence and fraud.

According to the complaint, in February 2014, Johnson was contracted by the the Mooneys to clear a construction site and build a house in a lot in the Woodlands subdivision in Raleigh County. The suit says certain elements of the construction began to concern the Mooneys (materials were left unprotected, the roof trusses were blown off the house) and they began to investigate, discovering Johnson had failed to obtain a building permit for the construction.

Further, the lawsuit states, the lumber materials were not paid for, and the footers and foundation were constructed in a faulty manner. The suit says Johnson has allowed the sub-flooring and foundation to be damaged by the weather and elements when he failed to adequately cover up the work.

The plaintiffs allege negligence, breach of contract, misrepresentation and fraud.

The Mooneys seek costs plus interest, punitive damages, attorney and court costs, and all other costs deemed appropriate by the court. They are represented by attorney Anthony J. Sparacino of Sparacino Law Office in Beckley. The case has been assigned to Circuit Judge John Hutchison.

Raleigh Circuit Court case number 15-C-739.

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