Godfrey residents say contractor failed to finish remodeling job

Kelly Holleran May 26, 2010, 4:42am

Two Godfrey residents have filed suit against the construction company they hired to remodel their home, saying workers failed to complete the agreed-upon work and left their home wide open, causing their property to be stolen.

Lee John and Ashley Maronie claim they hired defendant Jason Ditterline, doing business as Ditterline Construction, to perform $71,350 worth of work on their home at 2708 Shordell St.

Pursuant to the contract, Ditterline was supposed to complete the work in 11 phases, according to the complaint filed May 20 in Madison County Circuit Court.

In phase one, Ditterline was to tear off the roof and ceilings of the home and clean up the outside. Phase two consisted of constructing a new roof and phase three included the demolition of and construction of a new bathroom. In phase four, Ditterline was supposed to demolish and construct a new back room, while in phase five, he planned to install new electrical wiring, new carpet, new stairs and a new attic and to remodel the floor.

Phase six consisted of the demolition and construction of an entirely new kitchen; phase seven included the construction of a new attic; phase eight included the demolition and construction of a new porch; phase nine consisted of repair to a front wall leak; and phase 10 included the installation of new siding. Finally, in phase 11, a new garage was to be installed, the suit states.

The Maronies agrred to pay Ditterline four payments of $17,833.75 after he completed various stages of the work. The final payment was to be made after the whole project was finished, the complaint says.

The Maronies claim they tendered payments to Ditterline over the course of several months, but his company failed to complete the work as promised.

"Defendant quit the job and left the jobsite in October of 2008; Defendant did not cover the roof after tearing it down, allowing for water and rain to enter the home and subsequently causing additional damages to the property and items inside the home; Defendant did not secure the site, allowing several household items to be stolen; and failed to complete the work pursuant to the contract," according to the complaint.

In their five-count complaint, the Maronies allege breach of contract, property damages, negligence, violations of the Illinois Home Repair and Remodeling Act and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act.

They are seeking a judgment of more than $250,000, plus pre-judgment interest, costs and attorneys' fees.

They will be represented by Christopher M. Donohoo The Donohoo Law Firm in Wood River.

Madison County Circuit Court case number: 10-L-550.

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