Swansea couple sues over faulty home construction

Kelly Holleran Jul. 8, 2009, 8:35am

A Swansea couple has filed suit against a construction company and its owner, alleging their house was poorly constructed and has multiple deficiencies.

Robert and Martena McEwan say they entered into an agreement with T. Bow Inc. and Thomas Bow on March 31, 2008, for a new home.

In the agreement, T. Bow agreed to provide a 10-year structural warranty and a three-year warranty on all appliances, according to the complaint filed June 25 in St. Clair County Circuit Court.

The company also agreed to perform work on the home in accordance with specifications and in compliance with all building and zoning regulations. In addition, it promised to install a perforated drainage system, the complaint says.

However, after the McEwans moved into their new home, they realized the house had structural problems and violated building and zoning codes at the time of the closing, the suit states.

Defects the McEwans claim existed in their home included numerous cracks throughout the second floor; improper installation of cabinetry in the master bathroom; incomplete installation of flashing around the roof; inadequate installation of the roof and numerous heaving cracks in the floor of the foundation.

Additional problems included numerous cracks in the foundation; extensive damage to the finished portion of the basement; improper spacing between I-beams during installation; inadequate perforated drainage system around the outside of the house; improper placement and construction of the sump pump and significant leaking in the spare room, according to the complaint.

The main floor of the home was also improperly constructed, causing significant vibration and shaking, the suit states.

Because of the numerous problems with their home, the McEwans have been forced to spend money to repair and complete construction of their home, the complaint says.

In the 10-count suit, the McEwans are seeking punitive damages and a judgment of more than $400,000, plus costs and other relief the court deems just. They are also asking the court to require T. Bow to complete construction of the home as intended.

Clay B. St. Clair and Jeremy L. Thompson of Crowder and Scroggins in Columbia will be representing them.

St. Clair County Circuit Court case number: 09-L-338.

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