CHARLESTON – A South Charleston man is suing Lowe's over alleged defects in his new roof and the home improvement retailer's credit card financing agent who continues to collect payments despite the dispute over materials and labor.
According to the filing in Kanawha Circuit Court, Braxton Wilkinson filed a suit against Lowes of West Virginia Inc., and Lowe's/Synchrony Bank alleging breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness and other counts.
The suit states Wilkinson entered into a contract with Lowe's for the replacement of his roof, trim and flashing which he financed through a Lowe's credit card. According to the suit, about one year after Lowe's completed the roofing project, Wilkinson's roof began to leak. Wilkinson claims there were loose screws and nails in the roofing, roofing panels were not installed and sealed properly and that the new roof was placed over rotted plywood. He alleges the defendants have refused to respond to his calls to resolve the issues.
Despite notifying the financing agent of the defective work, Wilkinson alleges he was still billed and continued to pay his bill due to fear of losing his good credit.
Wilkinson seeks compensation for the money he has lost, attorneys' fees and punitive damages. The plaintiff is represented by Mark French of The Law Office of Mark L. French PLLC in Charleston.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 19-c-708