MARLINTON—A Pocahontas County couple is suing a construction business claiming breach of contract and fraud in a 2003 roofing project that allegedly was not installed correctly.

Kenneth Hurff and Elizabeth Hurff of Marlinton filed a lawsuit against Melvin Craft, doing business as Melvin Craft Construction of Lewisburg, in Pocahontas Circuit Court on Sept. 3, asserting breach of contract in a fall 2003 home improvement project which the plaintiffs claim was performed in a substandard way.

The suit states that the defendant neglected to install material between the Hurffs’ old shingle roof and the new tin roofing surface and failed to notify the plaintiffs of the action. According to the complaint, when the roof began to leak in October 2014, the homeowners obtained inspections and estimates from three separate contractors, who collectively stated that the leaks were due to the defendant’s failure to add furring strips between the layers.

The plaintiffs contend that the defendant made material misrepresentations to them regarding their purported compliance with industry standards; and that because the couple had no specialized knowledge of roofing matters, they relied on the contractor’s word and subsequently suffered damages for which they hold Melvin Craft liable.

The Hurffs seek compensation and punitive damages for emotional distress, annoyance, aggravation, loss of use, pre- and post-judgment interest, attorneys’ fees and costs.

The plaintiffs are represented by Christopher Heavens of Heavens Law Firm in Charleston. The case has been assigned to Judge Robert E. Richardson.

Pocahontas Circuit Court case number 15-C-34

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