NEW MARTINSBURG – A couple is suing Roadstar Paving after they claim it breached its contract with them by refusing to fix their driveway.
Henry D. Williams, the owner of Roadstar Paving, was also named as a defendant in the suit.
On July 24, 2013, Dwight Law and Jane Hafer entered into a contract with the defendants to grade and pave a 900-foot driveway on their property with a contract price of $18,000, according to a complaint filed Feb. 4 in Wetzel Circuit Court.
The plaintiffs claim in May 2014, they contacted Roadstar regarding major defects with the pavement, including areas in the asphalt that were too thin and, on two occasions, a Roadstar representative came to inspect the property, acknowledged the issues and assured the plaintiffs that the issues would be remedied.
Despite the assurances, the defendant has not repaired the asphalt and has stopped responding to the plaintiffs requests for remedy, according to the suit.
The plaintiffs claim due to the defects in the driveway, they had to contact Fred’s Paving to patch all the thin areas and repave the 900-foot driveway, which cost the plaintiffs an additional $18,000.
The defendants breached their contract by not repairing the work as required, as per the one-year warranty.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Andrea C. Poling of Berry, Kessler, Crutchfield, Taylor & Gordon.
Wetzel Circuit Court case number: 17-C-11