Customer alleges home improvement companies breached contract

By Jenie Mallari-Torres | Mar 7, 2019

BECKLEY — A customer is suing home improvement companies, citing alleged breach of contract, breach of warranty and negligence.

Joyce Hart filed a complaint in Raleigh Circuit Court against Lowe's Home Centers LLC and Builtright Construction Inc. alleging they failed to provide appropriate construction work.

According to the complaint, Hart alleges that on July 13, 2018, she hired Lowe for the replacement of the roof on her property located at 1223 Mount View Road in Raleigh County, for which Lowe sent an agent of Builtright who commenced work on the roof on Sept. 20, 2018, almost a month later than the supposed date of completion. Nonetheless, the agent started on the construction despite the lack of appropriate governmental permits and was negligent in his duties so that the roof was so poorly installed that it required total replacement. Additionally, the agent caused Hart to suffer destruction of her property including a damaged septic field as the defendants' agent drove through it and also destroyed skylights with shovels, used the wrong color of drip edge and caused other damages that caused the home to be uninhabitable. 

The plaintiff holds Lowe's Home Centers LLC and Builtright Construction Inc. responsible because they allegedly failed to complete the job by the specified date, failed to appropriately replace the roof, failed to acquire the necessary permit before commencing work and failed to send a skilled agent who could effectively repair the roof.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount to be determined by the Court, costs incurred, attorney's fees, interest and general relief as the Court deems appropriate. She is represented by John D. Wooton of Wooton, Davis, Hussell & Ellis in Beckley.

Raleigh Circuit Court Case number 19-C-41

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