BECKLEY – An Ohio couple is suing Cook's Heating & Cooling after they claim it breached their contract when building their home.
Castle Rock Construction LLC; Gregory Eugene Cook, individually and doing business as Greg Cook Services; Joey L. Hypes, individually and doing business as Professional Electric Service; and Richardson Carpentry LLC were also named as defendants in the suit.
Larry D. Rafalski and Mary C. Rafalski are citizens of Ohio, but own property in Daniels and, they were planning on retiring and building a home on the Daniels property, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.
Cook's executed a contract for the plaintiffs to build a custom home for them for the principal sum of $715,000, according to the suit.
The Rafalskis claim Cook's subcontracted out portions of the work to Castle Rock, Hypes and Richardson.
Between July 2014 and June, the defendants were paid nearly $440,000 for work performed to construct the plaintiffs' home, however, after initial completion of the foundation work, it was determined that the foundation was defective, did not comport with the project plans and was not constructed in a good and workmanlike manner, according to the suit.
The Rafalskis claim subsequently, the construction progressed with reinstallation of the foundation, erection of framing and roofing and, despite the fact that framing and roofing were only partially completed, the defendants abandoned the construction project, refusing to complete contractual/sub-contractual obligations.
The plaintiffs have had the work evaluated by a structural engineer and contractor, and it has been determined that the foundation work, framing and roofing work were all defective and must be demolished, according to the suit.
The Rafalskis claim the defendants acts and omissions have caused them to spend nearly $440,000 for construction work that is worthless.
The defendants breached their contract with the Rafalskis and were negligent, according to the suit.
The Rafalskis claim the defendants actions constitute fraud and caused them damages.
The Rafalskis are seeking compensatory and punitive damages. They are being represented by Charles M. Johnstone II of Johnstone & Gabhart LLP.
The case is assigned to District Judge Irene C. Berger.
U.S. District Court for the Southern District of West Virginia case number: 5:15-cv-13162