Couple sues contractor, citing negligence and fraud

By Noddy A. Fernandez | Jan 25, 2019

HUNTINGTON — A couple is suing a concrete contractor, citing alleged breach of implied warranty, fraud and negligence.

Keith and Susan Pauley filed a complaint in U.S. District Court for the Southern District of West Virginia against CNE Poured Walls, Inc. alleging that it breached its duties to properly perform excavation work to avoid damaging the property and the risk of personal injury.

According to the complaint, on April 26, 2016, the Pauleys entered into a purchase agreement with Schumacher Homes of West Virginia to build them a custom home together with the defendant, which was obligated to perform excavation work and construct the foundation, including installation drains and poured concrete walls. 

However, the plaintiffs claim, their home was not constructed in a workmanlike manner and is not reasonably fit for its intended use of human habitation due to the defects. 

As a result, the Pauleys claim they suffered substantial annoyance and inconvenience as well as lost opportunities through the unnecessary expenditure of their personal savings to maintain this house as well as the house in which they are living, and the delay in selling their current home. 

The plaintiffs hold CNE Poured Walls, Inc. responsible because it allegedly failed to construct the foundation in accordance with the signed house plans resulting in footers that are not as deep or thick as required by signed plans, and it installed nonfunctional foundation drains, allowing expansive clay soil to become saturated with water, causing movement of the floors and foundation.

The plaintiffs request a trial by jury and seek judgment for all compensatory and punitive damages recoverable under the law and to award costs, attorneys’ fees and such other and further relief as the Court deems appropriate. They are represented by Ancil G. Ramey of Steptoe & Johnson PLLC in Huntington.

U.S. District Court for the Southern District of West Virginia Case number 3:18-cv-01508

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Steptoe & Johnson PLLC U.S. District Court for the Southern District of West Virginia Huntington Division

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