CHARLESTON — A couple is suing Hillbilly & Flatlander Construction for breach of contract and negligence for home repairs.
Donald Wayne Sheets and Casey Allen Kennedy were also named as defendants in the suit.
Alan Long and Lisa Long claim H&F submitted a written estimate for work requested on their jome on Feb. 20, 2021, according to a complaint filed in Kanawha Circuit Court.
The Longs claim the total cost of the contract was $95,081.50, with $49,878.50 due three days prior to the beginning of the work.
The defendants failed to perform the work of the contract in a workmanlike manner, according to the suit.
The Longs claim the defendants negligently and recklessly performed the work and disregarded their rights by failing and refusing to adhere to the terms of the contract.
"As a direct result of the Defendant's conduct, the Longs have experienced damages including...damages to the framing and drywall inside their home, water infiltration and damages to the inside of the home as well as the existing framing of their home, increased risk of structural failure in multiple areas due to the use of improper fasteners and installation methods, the marring and ruination of unique special characteristics of the home which were specifically to be retained..." the complaint states.
The defendants were negligent and breached their contract with the Longs, according to the suit.
The Longs claim the defendants' work was inconsistent with the contract and scope of work and they failed to perform the intended work in accordance with applicable laws and building codes.
The Longs are seeking compensatory and punitive damages. They are represented by Marvin W. Masters and Kimberly Dotson of The Masters Law Firm in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-244