Roofing company allegedly failed to correct leak, Madison County couple claims

By Kelly Holleran | Feb 24, 2014


Two Madison County residents claim they have incurred thousands of dollars in repair costs after the roofers they hired to fix a leaking roof failed to correct the problem.

Ted and Debra Marler filed a lawsuit Feb. 13 in the Madison County Circuit Court against Dane and Darla J. Bauer, doing business as DB Contracting.

In their complaint, the Marlers allege they hired DB Contracting to install a new metal roof on their property at 528 English Place in Granite City in the spring of 2013. They requested a low-slope roof that would have a service life of at least 20 years, according to the complaint.

On April 14, 2013, the Marlers paid DB Contracting $8,212 for the new roof it promised to install, the suit states. They made an additional $2,000 payment on April 27, 2013, the complaint says. On May 3, 2013, when DB Contracting represented the work as having been completed, the Marlers claim they made a final payment of $7,944.94. However, in May of 2013, almost immediately after DB Contracting left the property, leaks developed near the chimney, according to the complaint.

The Marlers contacted DB Contracting, and it tried to repair the issue by caulking the roof area around the chimney, the suit states. Still, the leaks remained a problem. Repeatedly, the Marlers attempted to have DB Contracting’s workers repair the leaks, but the issues would persist, the complaint says.

The Marlers allege breach of implied warranty of workmanship, breach of contract and consumer fraud against DB Contracting. They seek a judgment of more than $45,000 in compensatory damages and $30,000 in punitive damages, plus costs, attorney’s fees and other relief the court deems just. They are also asking the court to restrain DB Contracting from continuing to represent themselves as roofing contractors and to prohibit them from performing work involved in the construction or maintenance of roofing.

They are being represented by Kyle W. Whiteside of McCarthy and Allen in Edwardsville.

Madison County Circuit Court case number 14-L-237.

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