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Lehigh firm named defendant in Carbon County Court suit

A Lehigh County corporation is the defendant in a civil action filed in the Carbon County Court of Common Pleas that seeks over $40,000 in damages.

John Witcofsky and Kristen Hope, 100 Innsbruck Drive, Lehighton, filed the complaint against Finishing Edge Inc., Zionsville, alleging breach of contract and unjust enrichment charges.The plaintiffs state the defendant entered into a written agreement with Witcofsky on April 6, 2012, in the amount of $24,983, for the company to remove an existing concrete pool decking, cut a stone edge cantilever pool edge, construct a single-level pool, install a multiple-level patio and install a new safety fence, all to specifications, on the plaintiff's property.The plaintiffs said they made an initial payment of $9,093.05 to Jason Decker, president of the defendant company, and that subsequent payments of $6,500 and $4,394 were made, for a total of $19,987.05.The suit says Hope contacted Decker on Aug. 16, 2012, about concerns the plaintiffs had about the coloration of certain details and the appearance of multiple, visible cracks across the length of the new pool deck.The complaint says Decker replied the firm was not finished with the detail phase of the project and that workers were going to return to the property on Aug. 18, 2012, to continue the work.Despite that claim by Decker, Witcofsky and Hope state the defendant failed and refused to correct the cracking and discoloration issued previously identified, and that further cracking and discoloration resulted in other areas, the result of which is the development of wide gaps between sections of concrete, failure to remove unsightly markings from the concrete, substandard fill around the pool cover holes and mismatched colors.The plaintiffs state in the complaint that Decker emailed them on Oct. 25, 2012, apologizing for the delay in responding to them and proposing his crew members will return to the property in the spring of this year, but demanding payment in full of the balance owed on the contract.The plaintiffs allege negligence on the part of the defendant and the company's failure to perform the work as specified in the agreement, has resulted in permanent damage to the structure, integrity and appearance of their property.Subsequently, the plaintiffs state they obtained estimates of $5,500 to replace the pool liner, wall foam and gaskets, and $16,800 to remove, displace and replace the defective pool and cantilever decking.In their breach of contract count, the plaintiffs are seeking judgment in the amount of $22,300, representing the minimum costs that will be incurred to correct the deficiencies, as well as other relief that the court deems to be equitable and just.The unjust enrichment count asks judgment in the amount of $19,987.05, representing the amount paid by the plaintiffs to the defendant under the terms of the parties' agreement, as well as other equitable and just relief to be determined by the court.