West Virginia Record

Friday, December 13, 2019

Owners allege mold problems in home caused by CMH Homes' negligent construction

Lawsuits

By Carrie Bradon | Jun 25, 2019

General court 03

WINFIELD – A Winfield couple alleges they had to abandon their home because of mold issues because the builder failed to properly construct the home.

Termaine Bateman and Brandi Bateman, on their own behalf and their minor child A.B., filed a complaint in Putnam Circuit Court against CMH Homes Inc., doing business as Clayton Homes, alleging negligent construction, fraud and other counts.

The suit states that the plaintiffs purchased their home from the defendant in November 2012. The plaintiffs allege in October 2018, A.B. began to experience a number of health symptoms and was diagnosed with asthma. The plaintiffs allege they later discovered a "severe" mold outbreak in the home and notified the defendant. They allege the defendant's maintenance personnel investigated but was "adamant" there were no issues with the home.

The plaintiffs allege an independent examination determined that there was a lack of a drain system under the home, no vapor barrier, improperly installed roof and severe flooding and moisture problems. The suit states the plaintiffs vacated the property in February and still reside in a hotel at the date of the filing.

The plaintiffs allege they have attempted to negotiate a possible solution with the defendant to remediate the outbreak but no action has been taken.

The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. They are represented by Seth S. Gaskins of Gaskins Law Group PLLC in Charleston.

The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number 19-C-98

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