CHARLESTON — A woman is suing Atkins and Sons Contracting alleging breach of contract.
Donald Atkins was also named as a defendant in the suit.
Deborah DePasquale contracted with the defendants in August 2022 for construction and remodeling services at DePasquale's residence for a total cost of $40,000, according to a complaint filed in Kanawha Circuit Court.
DePasquale claims she was required to give a downpayment of $23,000 to the defendants, however, at no time subsequent time after it received the downpayment did the defendants ever perform any of the work laid out in the contract.
"Plaintiff has requested on numerous occasions that her down payment be refunded or that Defendants perform their actions required by the contract; however, Defendants have, and continue to, persistently refuse to do either," the complaint states.
The plaintiff requested proof of any purchases made with the downpayment and the defendants provided a fraudulent receipt, according to the suit.
DePasquale claims the defendants' actions have been done with actual malice and with reckless indifference.
The defendants breached their contract with DePasquale and fraudulently misrepresented themselves to the plaintiff, according to the suit.
DePasquale is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Mark R. Simonton and Alex S. Blevins of Offutt Simmons Simonton in Huntington.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-688