Winter Garden couple accuses contractor of fraud

By Jenie Mallari-Torres | Apr 30, 2018

ORLANDO — A Winter Garden husband and wife are suing contractors , alleging breach of contract, breach of implied warranty, civil conspiracy fraud and negligence.

ORLANDO — A Winter Garden husband and wife are suing contractors , alleging breach of contract, breach of implied warranty, civil conspiracy fraud and negligence.

Carol Ann and Kenneth E. Dingman filed a complaint April 19 in Orange County Circuit Court against Wade G. Russell, Dwayne Marsh, Eric Paul Clawges, W. Orange Construction Inc. and Cindy Hurst, alleging the defendants obtained profit through unfair or deceptive trade or commerce.

According to the complaint, in July 2017, the Dingmans hired the defendants to improve their pool deck and spa deck at 1001 Garden Heights Drive, Winter Garden. The suit says the plaintiffs have suffered damages by hiring the defendants without knowing Russell was not licensed or qualified to do the work. 

The suit says the Dingmans were required to pay more than $60,000 to repair the defendants' faulty work.

The plaintiffs allege the defendants failed to disclose that they were not licensed or qualified, failed to disclose material information at the expense of plaintiff and failed to design and perform the work in a good and workmanlike manner.

The Dingmans seek trial by jury, damages, triple damages and punitive damages of more than $15,000, interest and court costs. They are represented by attorney Patrick C. Crowell of Winter Park.

Orange County Circuit Court case number 18-CA-3953

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