WHEELING — Paul Wissmach Glass Company is suing Ace Roofing and Construction for failure to honor its warranty.
Bobby Mitchell was also named as a defendant in the suit.
Paul Wissmach Glass Company sought bids for roofing repairs on its Paden City plant in September 2022, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
The plaintiff claims Ace Roofing won the contract with a bid of $22,000. The plaintiff then made an $11,000 initial payment to Ace Roofing, who performed the initial work on Nov. 5 and 6, 2022.
During this time, the scope of repairs expanded, leading to an additional agreement for $35,000.
Ace Roofing stored materials for the additional work under the repaired areas, but leaks developed after their work, causing damage to Paul Wissmach Glass's property and the stored materials. Despite the plaintiff's repeated demands in spring 2023, Ace Roofing did not honor its warranty, repair the leaks, commence the additional work, or issue a refund.
As a result, the plaintiff suffered property damage and financial loss due to Ace Roofing's failure to fulfill its contractual obligations, leaving the repairs incomplete and unresolved.
The plaintiff is seeking compensatory and punitive damages. It is seeking William D. Wilmoth and Justin M. Wilson of Steptoe & Johnson in Wheeling.
U.S. District Court for the Northern District of West Virginia case number: 5:23-cv-00288