New Suit Fridays 8-14-2009
It’s Friday and time for the round-up of industry related claims. This edition has a bad church roof, some poor damage repair work and a fire.
In Dadian v. Midwest Clothing and Restoration, Inc., the complaint alleges that the plaintiff alleges that she retained the defendant to repair damage to her home caused by a burst pipe. The contractor allegedly dried the home through the “use of dehumidification, air movement, and negative air equipment.” Apparently the remediation may not have been enough for plaintiff. She retained Environmental Diagnostics, Inc., to inspect the damages restoration efforts and the second consultant allegedly established that the original water damage mitigation and restoration efforts were substantially incomplete. The counts against the defendant sound in negligence, breach of contract, breach of guarantee (based off a letter that is attached to the complaint) and consumer fraud.
In Brotherhood Mutual Insurance Co. v. Christo d/b/a Accurate Roofing, the complaint alleges that defendant was hired to perform work on the roof of Sign of the Dove Church in April of 2008 and that after the work, in September of 2008, the Church was severely damaged when its roof collapsed after a heavy rain. The collapse was caused by improper drainage. The plaintiff’s allege that despite representations made by the contractor that the roof was clear of debris and guaranteed for 7 years, the roof collapsed and had properly drained prior to the defendants’ work. The complaint alleges negligence and breach of contract.
Greif, Inc. v. Advanced Waste Services, Inc. et al., is an action involving a fire allegedly caused by a poor cleaning job. The complaint alleges that Greif, a manufacturer of large 55-gallon drums, hired defendants to clean paint residue from the inside of a pollution control unit that is connected to a furnace. The allegations are that the job created loose paint particles and debris which ignited after the cleaning when the furnace was turned back on. The fire damaged the facility and interrupted the steel drum production causing damages in excess of $1,651,780. The causes of action are for breach of contract and negligence.
