West Virginia Record

Sunday, March 29, 2020

Weirton company alleges Modular Space's negligent installation caused water damage, mold

State Court

By Marian Johns | Feb 11, 2020

Contract 09

NEW CUMBERLAND – A Weirton company alleges Modular Space failed to install the proper barrier on a structure, causing water damage and mold.

Change Inc. filed a complaint in Hancock Circuit Court against Modular Space LLC and Williams Scotsman Inc. alleging breach of express and implied warranties, breach of contract, negligence and fraud.

Change alleges it entered into a contract with Modular Space on Jan. 16, 2016, for the delivery of a "defect-free structure" and it made a final payment on Dec. 5, 2017. Change alleges Modular Space failed to follow the plans and specifications of the contract, including the failure to install a vapor barrier between the wood and insulation on the roof of the structure, which caused water damage and mold.  

Change seeks compensatory damages, interest, a trial by jury and all other just relief. It is represented by Daniel Taylor of Dittmar, Taylor & Makricostas PLLC in Weirton. 

The case has been assigned to Circuit Judge Ronald Wilson.

Hancock Circuit Court case number 19-C-113

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Hancock Circuit Court