CHARLESTON — Alford Home Solutions denies all allegations against it in a complaint that alleged faulty construction work.
Alford alleges that the plaintiff failed to state a claim upon which relief may be granted and that some of the plaintiff's alleged damages were proximately caused by actions and inactions of the plaintiff or others, according to the answer filed in Kanawha Circuit Court.
"The Defendant asserts that it performed all work in a workmanlike manner," the complaint states. "The Defendant breached no duty of law owed to the Plaintiff."
Alford also contends that the plaintiff failed to mitigate damages. Alford wants the complaint dismissed.
Lynn Hundley filed the lawsuit against Alford in January in Kanawha Circuit Court claiming that in 2014 she was experiencing water seepage in her basement and contacted Alford to assess the cause and recommend remedial measures.
On Aug. 20, 2014, Alford assessed the water intrusion issue, reported that the dwelling foundation had sustained movement requiring repair and stabilization and recommended the installation of a foundation reinforcement system to repair the stabilize the dwelling foundation, according to the suit.
Hundley claims she entered into a contract with the defendant for a total contract price of $7,380 and then a second contract for $4,050 about a month later.
In early January 2015, Alford performed the work, however in April 2022, Hundley discovered that the basement wall where the steel beams had been installed had experienced significant horizontal movement and that the contracted work did not stabilize the foundation, according to the suit.
Hundley claims Jason Miller with Alford evaluated her concerns and acknowledged the movement was covered under the warranty and repairs would be done in June 2022.
"Hundley followed up with Alford by contacting their office on or about June 8, 2022, regarding the promised repairs, at which time she was informed that Jason Miller was no longer employed by Alford and that such repairs would not be scheduled," the complaint states.
Hundley then hand-delivered a letter to Alford on Aug. 1, 2022, detailing the issues with her dwelling, which required repairs under the warranty. Alford then came to take measurements of her home where the damage had occurred.
"Alford then contended that there was no significant horizontal movement of the foundation wall from and after its installation in 2015 and presently contends that it has no obligation under contractual warranties to cause corrective repairs to be made to the basement foundation walls of Plaintiff's dwelling," the complaint states.
Hundley claims the defendant breached its contract with her and caused her damages with its negligence.
Hundley is seeking compensatory damages with pre- and post-judgment interest. She is represented by Henry R. Glass III of Glass Law Offices in Charleston.
Alford is represented by Cy A. Hill Jr. and David M. Adkins of Cipriani & Werner in Charleston.
Kanawha Circuit Court case number: 23-C-6
