CHARLESTON — A Charleston man is suing Kidd Heating & AC alleging it breached its contract with him.
Robert Lorn Kidd was also named as a defendant in the suit.
Mark Case entered into an oral contract with the defendant for the installation of a new NVAC system in his new home in Charleston on March 8, 2021, according to a complaint filed in Kanawha Circuit Court.
Case claims he paid the defendants $15,000 upfront and $12,535 later.
Upon execution of the oral contract and payment of the initial $15,000, the defendants started working on the system in late summer 2021 and since that time, the defendants have materially breached the contract and have not completed the work on the home, according to the suit.
Case claims the defendants stayed in phone or text contact with him until eventually all communication ceased by the defendants and the work was never completed. No money has been returned to the plaintiff either.
The plaintiff later had to hire another company and pay that company $4,350 to complete the work the defendants were paid to complete and failed to do, according to the suit.
Case claims the defendants breached their contract with him because they had a duty to fulfill their responsibilities under the contract in accordance with the building permit and codes in the state.
Because of the defendants' actions, Case suffered damages and incurred losses, according to the suit.
Case claims the defendants were negligent, which resulted in damages and losses.
"The negligence per se of Defendants resulted in damages to Plaintiff and Plaintiff is entitled to damages and losses incurred by the Defendants, including, but not limited to, compensatory damages for loss of market value repair bills, loss of enjoyment of personal property and reasonable attorney's fees," the complaint states.
Case is seeking compensatory damages with pre- and post-judgment interest. He is represented by Joseph H. Spano Jr. of Pritt & Spano in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-3
