83.3 F
The Villages
Friday, June 21, 2024

Lowe’s denies ‘poor workmanship’ claim in lawsuit about roof installation at Villages home

A national home improvement store chain is asking a local judge to dismiss a lawsuit in which a man accuses the company of “poor workmanship” during the installation of a new roof at a home in The Villages.

Benjamin K. Rosenthal filed the original lawsuit against Lowe’s Home Centers, LLC in Sumter County circuit court in mid-September. Rosenthal, who is representing himself, filed an amended complaint last month.

In the complaint, Rosenthal alleges that he met with a representative at the Lowe’s located at 5630 Seven Mile Drive in Wildwood to “discuss the roof replacement at 511 Paxville Place” in the Village of Mallory Square.

511 Paxville Place in the Village of Mallory Square
511 Paxville Place in the Village of Mallory Square (Photo: Google)

Rosenthal says he told the representative that he “lived in Virginia” and that he “wanted to go with a national company for the assurance of my project to be done correctly.”

Rosenthal says that the representative “made assurances” that the job would be managed by Lowe’s, and that the representative recommended that he “upgrade the roof replacement” to include a “lifetime warranty for additional costs and building materials.”

Rosenthal alleges that he entered into a contract with the company on June 30, 2021.

During the installation of the roof, which allegedly began on October 12, 2021, Rosenthal claims that he brought up concerns to the workers while they were working on the roof.

The complaint cites multiple phone calls made to Lowe’s during the installation.

Among the grievances Rosenthal cited was the spacing of the nails on the roof, which he claims “were to be no greater than 6 inches apart.” According to the complaint, workers were installing the nails at “8 inches” apart.

The 16-page complaint goes on to make additional allegations regarding the quality of the work, including the installation of an air handler “about 36 inches away from the unattached gas dryer vent,” which Rosenthal says “could draw dangerous hazards into the living area.”

Rosenthal accuses the company of “poor workmanship, carelessness and not following” recommended installation practices. He says Lowe’s “may have engaged in unfair and deceptive trade practices” and is seeking “$50,000 in compensatory damages with interest at the rate of 24% per annum from October 12, 2021 until paid, plus cost of this suit.”

Lowe’s opened its location at 5630 Seven Mile Drive in January 2018.

In a motion to dismiss filed by Miami-based law firm Hamilton, Miller & Birthisel, the company argues that its contract with Rosenthal included a provision for arbitration.

“This contract provides that You and Lowe’s will resolve all claims by BINDING ARBITRATION,” reads the alleged contract. According to Lowe’s, the contract further indicates that all parties “give up the right to go to court” in order to enforce it.

Lowe’s claims that the “terms and conditions” of the contract state that “all claims” by either party that cannot be resolved “informally shall proceed to binding arbitration.”

“Despite this clear agreement between the parties to arbitrate any disputes, [Rosenthal] has improperly brought this action in the Sumter County Circuit Court,” according to the company’s motion to dismiss.

The company’s attorneys argue that Rosenthal’s claims fall within the scope of the alleged arbitration agreement and that Lowe’s has not “waived its right to arbitration.”

“Lowe’s seeks to refer all further proceedings to arbitration and to stay the proceedings and/or dismiss,” reads the company’s motion.

Further, the company argues that any attempt to “set aside the arbitration” must also be resolved “by arbitration.”

“Here, the parties clearly and unequivocally agreed that the arbitrator, and not the court, would decide threshold issues concerning the validity and scope of the arbitration agreement,” reads the motion.

No additional filings have been made by either party since Nov. 1, according to Sumter County Court records.

Developer needs to tell residents what is happening at Spanish Springs

A Village of Orange Blossom Gardens, in a Letter to the Editor, says the Developer should inform residents about what is going on at Spanish Springs Town Square.

Only sheep need a shepherd

In a Letter to the Editor, a Village of St. Charles resident offers a rebuttal to a letter writer who suggested our president needs to be a “good shepherd.”

Villages-News.com should be ashamed of right-wing stance

A Village of Pennecamp resident argues that Villages-News.com should be ashamed of its right-wing stance. Read her Letter to the Editor.

Trump flags are a violent threat to America

In a Letter to the Editor, a Village of Tall Trees resident contends that Trump flags are a violent threat to America.

How do we address lack of faith in Supreme Court?

How do we address the lack of faith in the U.S. Supreme Court? A Village of Sanibel resident has some suggestions in a Letter to the Editor.