West Virginia Record

Friday, December 13, 2019

Homeowner alleges AB Contracting has failed to address landslide in yard


By Carrie Bradon | Jun 12, 2019


CHARLESTON – A Point Pleasant residential building construction company is alleged to have failed to repair problems related to earth movement at a South Charleston property.

John David Hayes filed a complaint in Kanawha Circuit Court against AB Contracting Inc. alleging breach of express warranty, breach of implied warranty and negligence.

The suit states that the plaintiff purchased a newly constructed home from the defendant in 2013 on Wynterhall Lane. The suit states the defendant issued a one-year limited structural warranty.

The plaintiff alleges in 2013, he began to notice cracks in the concrete slab under the rear deck and in 2014, the rear deck posts moved and were displaced. The suit states the defendant repaired the issues.

The plaintiff alleges in 2015, he began to notice movement, subsidence or slippage of the earth behind his home and the condition has worsened. He alleges the landslide has caused and continues to cause damages to the rear yard and slope behind his home. He alleges he notified the defendant of the issue by it has failed and refused to repair or address the damage.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Charles M. Johnstone and Johnson W. Gabhart of Johnstone & Gabhart LLP in Charleston.

The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court case number 19-C-418

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