CHARLESTON – A prominent Metro Valley orthodontist is suing a Wayne County business for allegedly failing to properly install pavement, draining and retaining walls at his Kanawha County home.
W. Shane Holmes filed his complaint July 28 in Kanawha Circuit Court against Asphalt Contractors & Site Work Inc.
In his complaint, Holmes says he entered into a written contract with the defendant on Aug. 26, 2013, to perform work on his driveway, install retaining walls and a drainage system at a cost of $177,465.37.
He says the defendant failed to perform its contracted duties. The problems he said he’s had since then include settlement of the garage foundation because drains flow into an inadequate catch basin, shifting and leaning of retaining walls, improper sloping of asphalt and damage to driveway because of defendant’s heavy equipment. He says he also had to install a new parking pad at “the top of the driveway which contains poor drainage.”
Holmes said he tried to reach a remedy with Asphalt Contractors before resorting to litigation, but he says the company failed to respond.
“Mr. Holmes has suffered substantial harm as a result of Asphalt’s breach of contract,” the complaint states. “Asphalt breached the contract by failing to properly remove and install pavement and walls to create a better watershed and draining in accordance with industry standards, as required by the contract.”
He seeks consequential and compensatory damages, including damages for annoyance, aggravation and inconvenience in addition to the actual compensatory damages. He also seeks attorney fees, court costs, pre- and post-judgment interest and other relief.
Holmes is represented by Andrew I. Ellis of Wooton, Davis, Hussell & Ellis PLLC in Charleston. The case has been assigned to Circuit Judge Tod Kaufman.
Holmes’ orthodontic practice has offices in Charleston, Hurricane and Huntington.
Kanawha Circuit Court case number 17-C-1068