WINFIELD – Two Hurricane residents allege a contractor they hired to perform work on their driveway damaged their property.

Kipp McGhee and Natasha Hurley filed a complaint in Putnam Circuit Court against Callaway Construction LLC, Callaway Construction & Excavating LLC, doing business as Callaway Construction, and Eric Callaway alleging breach of contract and other counts.

According to the complaint, the plaintiffs contracted the defendants to perform work on their home in March 2017, which included the removal of a driveway concrete slab and the pouring of a new one. The plaintiffs allege they instructed the defendants not to drive a concrete truck up the existing driveway because they feared the truck would damage the driveway.

The plaintiffs allege the defendants did not follow these instructions and the driveway was damaged. They also allege the defendants constructed the angle of the upper portion of the driveway too steep and that it has caused damage to McGhee's car.

The plaintiffs hold Callaway Construction LLC, Callaway Construction & Excavating LLC and Callaway responsible because the defendants allegedly failed to complete the agreed upon work and failed to repair damages to the driveway.

The plaintiffs request a trial by jury and seek compensatory damages, punitive damages, rescission, court costs, interest and any further relief the court grants. They are represented by David J. Mincer and Unaiza Riaz of Bailey & Wyant PLLC in Charleston. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number 17-C-241

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