WINFIELD– A Red House husband and wife are suing a construction contractor over claims he failed to finish his duties and failed to reimburse the couple for advanced funds.
John Groom and Stacy Groom filed a complaint Sept. 10 in Putnam Circuit Court against David Wayne, doing business as Wayne Building and Remodeling, alleging breach of contract and negligence.
On June 24, 2014, the complaint states, the plaintiffs entered into a contract with Wayne to design and construct a new home at 234 Zinc Lane in Red House.
The complaint states Wayne demanded advance funds for the project, so the Grooms advanced $35,000 with the express understanding Wayne would reimburse them after receiving the first construction draw.
Wayne was paid approximately $40,035 by the Grooms' construction lender after the basement walls and gravel work were completed, but the complaint states Wayne then failed and refused to perform any additional work, abandoning the project.
The complaint states Wayne also left several design and construction deficiencies, which the Grooms gave him the opportunity to remedy, but Wayne has failed to complete his contract and remedy these deficiencies, as well as failed to reimburse the Grooms for the advance funds, still owing $20,000 to date.
The Grooms seek compensatory damages, interests, and attorney fees and costs. They are represented by Charles M. Johnstone II and Madeline G. George of Johnstone & Gabhart in Charleston. The case has been assigned to Circuit Judge Phillip M. Stowers.
Putnam Circuit Court case number 15-c-219
