WINFIELD – A Hurricane couple allege their home was constructed with defects.
Barbara Clagg and James Gary Clagg filed a complaint in Putnam Circuit Court against JT Contracting LLC and Judd Thompson.
The suit states the defendants own the Peaceful Acres subdivision and the plaintiffs hired Thompson to construct a home for them in it. The parties signed a contract on June 16, 2016, for the total price of $212,030, the suit states.
The plaintiffs allege Thompson stated that the construction would be completed by December 2016. The construction did not finish on time, the plaintiffs allege, and the defendant attempted to get more money from the plaintiffs in order to finish sooner. The plaintiffs paid the defendant an additional $2,587.25 and the house was closed on May 15, 2017.
The plaintiffs allege after living in the property for a few months, they began to notice defects and water leaks. They allege an inspection of the home found significant problems with the crawlspace, HVAC vents, water heater and bathroom ceiling vent. The plaintiffs allege they demanded a cure from the defendants under the warranty and did not get a response.
The plaintiffs allege the defendants breached the contract by failing to construct the home as outlined in the contract.
The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. They are represented by Connor Robertson of Weston Robertson in Hurricane.
The case has been assigned to Judge Joseph Reeder.
Putnam Circuit Court case number 19-C-59