West Virginia Attorneys Obtain Summary Judgment for Local Flooring Supplier

Charleston Partner Michael P. Markins and Attorney M. Alexander Urban recently obtained summary judgment in the Circuit Court of Kanawha County, West Virginia on behalf of our local flooring supplier client in a case involving alleged construction defects and breach of warranties.

In June 2020, Plaintiff landlord purchased flooring from our local flooring supplier client to be used in a rental property for a law firm. The flooring was sold by our landlord and manufactured by another party. Many years following the flooring purchase and installation by a third-party installer, Plaintiff allegedly discovered wear and tear, among other alleged deficiencies. Plaintiff believed the flooring should be replaced by the manufacturer and/or our client, and that our client allegedly breached a warranty, was negligent, sold deficient flooring and made false representation to Plaintiff regarding the flooring. Subsequently, Plaintiff filed suit against our client.

After admissions by Plaintiff during written discovery that it had known about the alleged construction defects in the flooring for more than five years, the Court concluded that Plaintiff exceeded the statutes of limitations and the applicable statute of repose involved in this case.

In April 2026, the Circuit Court dismissed this matter and granted summary judgment in favor of our client.

Michael Markins has defended a multitude of construction defect claims which he has tackled from both the design professional and contractors’ perspective. His representative experience includes catastrophic geotechnical failures of gas well pads, water impoundment ponds and airport runway extensions, and has represented clients involved in blasting claims arising from both mining and construction activities.

Alex Urban counsels clients through the nuances of pre-suit investigations in West Virginia in the areas of construction litigation, premises liability and motor vehicle liability. He also focuses his practice on general liability defense, and labor and employment litigation.