Construction company sued for defective bricks

Ann Knef Apr. 10, 2007, 8:00am

125 Wild Rose in Belleville

Kenneth and Marla Obernuefemann of Belleville are suing Encore Construction and Richards Brick Co. for failing to construct a new home they purchased at 125 Wild Rose Dr. in a "workmanlike" manner.

The Obernuefemanns claim in a suit filed April 3 in St. Clair County Circuit Court that "hundreds, and possibly thousands" of bricks installed on the exterior of the home have split or fractured.

Represented by Timothy J. Bates of Belleville, the Obernuefemanns are seeking in excess of $150,000 in damages.

They also claim that the flashings on their home were installed in a deficient manner and require replacement to make them functionally and aesthetically pleasing.

They claim the home's roof system was inappropriately completed in that moisture has been trapped in areas causing damage to the interior of their home.

"That the plaintiffs have given the defendant multiple opportunities to remedy or repair each of these deficient conditions, but the defendant has failed to respond in any meaningful manner to any of the defects or conditions described above," the complaint states.

The Obernuefemanns claim that Encore Construction or its masonry subconctractor knew that there was an unusually high number of defective bricks "because in multiple areas, large cracks were filled with masonry mortar in an apparent effort to provide a seal to the face of the brick."

According to the complaint, the Obernuefemanns have expended or will have to expend large sums of money to cover for defendants' alleged breach, including obtaining alternative housing, payment of professional testing services, repair expenses and increased costs of financing the home.

The suit claims Richards Brick Co. supplied bricks that were not fit for use as a durable exterior weather resistant covering.

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