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Tuesday, April 16, 2024

Condo developer claims fence company breached contract

Contract 06

HUNTINGTON — A luxury condominium developer is suing J.H. Tomblin Fence Co. Inc., a licensed contractor, citing alleged breach of contract.

Premier Properties filed a complaint on April 14 in Cabell Circuit Court against J.H. Tomblin Fence Co. Inc. alleging that the contractor failed to respond to the plaintiff's request to repair numerous problems on installed fencing and an automated gate.

According to the complaint, the plaintiff alleges that Premier Properties hired the defendant to install fences and an automated gate for the parking lot of the Lofts at the Renaissance in Huntington. The installed features showed a number of issues including appearance, alignment and scraping concrete, all of which have been left unattended, the suit alleges. The plaintiff holds J.H. Tomblin Fence Co. Inc. responsible because the defendant allegedly received several notifications from the plaintiff, and even though there were times when the defendant responded, the issues were left unresolved, which could have risked the safety of the residents of the lofts, the suit claims.

The plaintiff seeks reasonable attorney's fees; costs and expenses; and such further additional relief, legal or equitable, as the court may deem appropriate and just. The plaintiff is represented by James G. Graley of Offutt Nord Burchett, PLLC in Huntington.

Cabell County Circuit Court Case number 16-c-268

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