KINGWOOD – A Fairview couple claims that a home improvement store's delay in correcting and compensating them for its contractor's faulty flooring installation has caused a more than two-year delay in moving into their home.
According to the Preston Circuit Court filing, plaintiffs Albert and Alice Magro filed a suit against Lowe's Home Centers LLC over the flooring installation dispute.
The suit states the Magros hired Lowe's in South Morgantown in May 2015 to install a combination of marble and wood flooring in their Terra Alta home, and Lowe's contracted O'Brien & Balsone Carpet Installations.
In early 2016 while the flooring was under warranty, the Magros and a Lowe's inspector determined the Pergo laminate flooring was improperly installed, according to the suit, which delayed the plaintiffs from moving into their Terra Alta home.
After months of disputes, the suit states the O'Brien installers refused to install the marble flooring chosen by the plaintiffs and Lowe's and walked off the job. The plaintiffs allege Lowe's then terminated the agreement, stating they could not force the O'Brien installers to complete the flooring and offered to pay the Magros compensation. The Magros allege that Lowe's has not responded to their requests for arbitration and has not remedied their flooring issues, and they are still not able to move into their home.
The Magros seek to enjoin Lowe's to complete the remaining marble flooring job, fix items in the home that will need to be taken up when the laminate floors are reinstalled, and credit them for the unused marble and other materials they purchased from the store. They are representing themselves.
The case has been assigned to Circuit Judge Steven Shaffer.
Preston Circuit Court case number 19-c-63
