WEST UNION – A Doddridge County couple who was under contract with a contractor claims the builder suddenly closed its offices leaving them to answer for more than $50,000 in unpaid bills to suppliers and subcontractors.
According to the filing in Doddridge Circuit Court, Robert and Heather Moore filed suit against CCM&P, Heckman Homes Inc., their owner Edward Clark Ware Jr., and Merle Heckman, all who do business under the trade name David James Homes. The Moores allege breach of contract, fraud, conversion and civil conspiracy.
"The plaintiffs entered into a contract with David James Homes for the construction of a new home in Doddridge County in or around the fall of 2018," the Moores state in their suit. "In or around July 2019, with construction underway, the defendants abruptly closed their five offices, abandoned the job at plaintiffs' residence, and did not pay multiple subcontractors and suppliers for materials and labor."
The Moores also allege that they paid Ware three separate "draws" totaling more than $100,000 and were led to believe there were no outstanding contracts or monies due for material and labor.
"... Upon information and belief, additional materialman and/or laborers are still owed money in relation to the draws obtained by the defendants for construction of the home," the complaint states.
The Moores seek compensatory, general and punitive damages as well as prejudgment and post-judgment interest and attorney's fees and costs.
The case has been assigned by Circuit Judge Timothy L. Sweeney.
The plaintiffs are represented by Ryan Umina and Beth Lebow of Umina Legal PLLC in Morgantown.
Doddridge Circuit Court case number 19-c-20