West Virginia Record

Sunday, November 17, 2019

Fayette Co. man, business sue each other for breach of contract

By Kyla Asbury | May 26, 2017

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FAYETTEVILLE – A Fayetteville man and Kelly Enterprises have both filed lawsuits against each other, alleging breach of contract.


William Lanham and his spouse, Annita Lanham filed the first lawsuit against Kelly Enterprises, which is doing business as Servpro and Lowe’s Home Centers. The second lawsuit was filed by Kelly against William Lanham. Both were filed on May 1 in Fayette Circuit Court.


In the first lawsuit, the Lanhams allege that they contracted Lowes and Aaron Snuffer to perform a roofing job on their home on May 14, 2015, and that the work performed by Snuffer and Lowe’s was substandard, below industry standards and not in a workmanlike manner.


The defendants have refused to honor the terms of the contract and repair the damages caused, including mold in the attic due to improper ventilation, according to the suit.


The Lanhams claim Servpro was contracted by Lowe’s to remedy the presence of mold and that its work was also substandard, below industry standards and not in a workmanlike manner. They claim the mold problem still exists.


The plaintiffs were forced to hire a new contractor to repair the roof and incurred expenses in the amount of $13,161, according to the suit.


The Lanhams are seeking compensatory damages. They are being represented by Anthony M. Salvatore of Hewitt & Salvatore. 


In the Servpro suit, it alleges on June 1, 2016, it agreed to provide cleaning and remediation of water damage incurred by the Lanhams.


Upon completion of the work, Servpro issued an invoice on July 13, 2016, in the amount of $17,252.16, according to the suit.


Servpro claims the Lanhams have failed and refused to pay the amounts due for the clean-up work.


Servpro is seeking damages in the amount of $17,252.16 for unpaid services and pre- and post-judgment interest. It is being represented by James R. Sheatsley of Gorman, Sheatsly & Company.


The cases are both assigned to Circuit Judge John Hatcher.


Fayette Circuit Court case numbers: 17-C-180, 17-C-181

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Organizations in this Story

Hewitt and SalvatoreHewitt & Salvatore, PLLCFayette Circuit CourtGorman, Sheatsley & Co.