WILLIAMSON — Mountaineer Habitat Management is suing Ace Contracting for false representation and deception over building a retaining wall.
Brian G. Norman is doing business as Ace Contracting.
Mountaineer claims on April 10, 2021, until June 16, 2021, the defendant obtained money by false pretense and false representation with the intent to defraud the plaintiff and committed theft, according to a complaint filed in Mingo Circuit Court.
Mountaineer claims the defendant falsely represented himself to be an experienced licensed contractor with the skills, equipment and manpower to build a retaining wall on the plaintiff's property and falsely inflated the price of materials in an effort to justify the amount the defendant was overcharging the plaintiff for the project.
After the defendant absconded with the money and abandoned the project, the plaintiff hired a legitimate, experienced licensed contractor that had revised the retaining wall built by the defendant was excessive for its intended purpose or need, unstable, unsafe and needed to be completely taken down and correctly rebuilt, according to the suit.
"As a result of the Defendant's false pretenses, misrepresentations, deceptions and theft, the plaintiff has been financially and otherwise damaged and is entitled, among other relief, to a return of all monies paid to the Defendant, to-wit: $25,500.00, in addition to other elements of compensatory as well as punitive damages," the complaint states.
The plaintiff claims the defendant also breached the contract with the plaintiff because the retaining wall was not built in accordance with sound engineering or construction principles and was built using excessive and inappropriate large concrete blocks.
As a result of the defendant's breaches of contract, the plaintiff had to hire professionals to take down the retaining wall and rebuild it properly.
The plaintiff is seeking compensatory and punitive damages. It is represented by Mark H. Mitchell of Williamson.
Mingo Circuit Court case number: 21-C-79