In a legal battle that highlights the complexities of contractual obligations and alleged negligence, a couple has taken legal action against a home improvement company for failing to fulfill its promises. On January 16, 2022, Mark and Darlene Cheplic filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, against Donna K. Diulus and Carmine Diulus, doing business as D.K. Home Improvement Company.
The plaintiffs, Mark and Darlene Cheplic, allege that they entered into a contract with the defendants to demolish their fire-damaged home and construct a new one-story residence atop the existing foundation. The contract specified a project cost of $220,000 with an initial down payment of $73,000. However, according to the complaint filed by their attorney Louis W. Emmi, the defendants failed to complete the work after beginning demolition. The plaintiffs assert that despite multiple attempts to contact the defendants for updates on when construction would resume, they received no response.
The Cheplics accuse D.K. Home Improvement Company of breach of contract and failing to act in good faith and fair dealing. They claim that the defendants not only abandoned the project but also neglected their duty to perform construction services in a professional manner as agreed upon in their contract. The complaint outlines several breaches including "negligently and/or defectively performing the work," "failing to perform services required in a professional manner," and "abandoning the project."
As a result of these alleged breaches, Mark and Darlene Cheplic have been left with an incomplete home project while having already paid a substantial sum upfront. They are seeking judgment from the court for damages not exceeding $50,000 due to these failures by D.K. Home Improvement Company.
Representing Mark and Darlene Cheplic is attorney Louis W. Emmi from Pittsburgh-based law firm at 201 Lebanon Shops on Mt. Lebanon Boulevard. The case is being heard in Allegheny County's Civil Division under Case No., CVPDD008S360F276.