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WEST VIRGINIA RECORD

Sunday, June 16, 2024

Plaintiffs Allege Contractor Breached Contract Over Historic Home Restoration

Federal Court
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Paul and Libby Tomar have filed a breach of contract complaint against Old Willow Workshop, LLC, doing business as Adamo Building Arts (ABA), and its organizer Joshua Adamo. The complaint was lodged in the United States District Court for the Southern District of West Virginia on May 14, 2024.

The plaintiffs, residents of Honolulu County, Hawaii, allege that ABA failed to complete the restoration of their historic home located at 1505 Washington Street, East, Lewisburg, West Virginia. According to the complaint, the Tomars entered into an agreement with ABA on October 30, 2021, for a total project cost of $350,000. The contract specified that payments would be made in five equal installments of $70,000 each and required that any changes to the project be documented through written change orders.

Despite these terms, ABA allegedly failed to complete the project within a reasonable timeframe and demanded an additional $170,259.05 beyond the agreed amount without providing a certificate of occupancy or completing the work. The Tomars claim they were forced to hire another contractor to rectify and finish ABA's incomplete and defective work. Specific grievances include improperly installed fixtures and materials not meeting building codes.

"Failing to complete restoration of a single home in 20 months is not reasonable," stated the Tomars in their filing. They further allege that ABA charged them for work not performed and made unauthorized design changes such as installing six arched doorways instead of two and misplacing a chandelier meant for another room.

The plaintiffs are seeking compensatory damages for breach of contract, conversion of property including flagstone and Victorian tiles taken from their property without permission, unjust enrichment due to overbilling and negligence by failing to meet building standards. Additionally, they accuse Joshua Adamo personally of tortious interference with their new contractor by filing false complaints with local authorities aimed at delaying construction progress.

The lawsuit also includes claims for fraud and misrepresentation based on ABA’s assurances about their expertise in historical restorations and promises regarding costs and timelines which were allegedly not met. The Tomars seek various forms of relief including compensatory damages for emotional distress and punitive damages.

Representing Paul and Libby Tomar are attorneys Gene W. Bailey II and John K. Cecil from Hendrickson & Long PLLC. The case has been assigned Civil Action No. 5:24-cv-00247 under Judge [Name].

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