Unsuitable fill dirt causing foundation to crack, suit says

Steve Gonzalez Mar. 6, 2008, 7:00am

103 Kingsbrooke Blvd. in Glen Carbon

The owners of 103 Kingsbrooke Blvd. in Glen Carbon filed suit against Kingsbrooke Development and Art Wilson in Madison County Circuit Court Feb. 29, alleging the foundation in their home is cracking because the lot the home is built on was not suitable.

Roger and Mary McKnight allege that in performing the excavating work, the defendants used large quantities of fill dirt in order to make the lot ready for construction.

According to the complaint, under Illinois law, a developer who markets a property for residential subdivision and building and performs grading, engineering and excavating work to prepare lots for building owes a duty and impliedly warrants to subsequent purchasers that the lots will be suitable for building.

The McKnights claim that large quantities of fill dirt made the surface and sub-surface unsuitable for residential construction because it lacks proper support and foundation.

They claim their home's foundation and its brick facade has experienced substantial cracking, as well as a shifting or movement of the foundation which has been caused by the lots improper design and workmanship.

The McKnights claim the damages threaten the habitability and fitness of their house and immediate work to repair the defects is required.

They also claim they have been forced to perform substantial foundation work, including piering work to shore up the sliding foundation and related cracking.

Represented by Stephen Wohlford and Edward McCarthy of Edwardsville, the McKnights are seeking damages in excess of $100,000, plus costs of the suit.

The case has been assigned to Circuit Judge Barbara Crowder.

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