Customary Construction seeks to dismiss an asbestos attorney’s lawsuit alleging mold and water infiltrated his $775,000 Troy home.
Defendant Customary Construction filed a motion to dismiss the complaint on Nov. 4 through attorney Michael Hobin of Reed, Armstrong, Mudge & Morrissey in Edwardsville.
The defendant argues that the plaintiffs have failed to answer the interrogatories and request for production, which were filed on July 6.
On Sept. 30, the court entered an order compelling them to answer the discovery requests.
Christopher Guinn and his wife filed the lawsuit against Customary Construction and builder Keven Kahrig in April through attorney Jason Johnson of HeplerBroom in Edwardsville. They claim their home at 474 Tyler Dr. in Troy is uninhabitable due to mold. The Guinns purchased the home from Kahrig in September 2014 for $775,000.
Guinn practices at the Simmons firm in Alton.
The Guinns allege a Feb. 22 inspection report listed numerous defects in construction, including improperly constructed exterior walls and deck, which they say caused the water infiltration.
The plaintiffs claim they have been forced to live in a separate location and will continue to do so until the defects are fixed.
Kahrig answered the complaint pro se on Sept. 9 after Circuit Judge Dennis Ruth denied his motion to dismiss the “frivolous” lawsuit.
He denied the allegations against him and argued that the plaintiffs “failed to admit the intended outcome would be for the defendant to buy the home back with no other options.”
He had previously argued that the plaintiffs had a “lengthy” mold inspection done on the home prior to the purchase, which allegedly came up negative.
He argues that the plaintiffs were in financial trouble.
“The reality of this case is that the plaintiffs could not succeed in the sale of the other two homes they had been trying to sell for quite some time.
“The plaintiffs actions were consistent with needing out of the house completely and not consistent with anything other than that,” the motion states.
Customary Construction filed a motion for partial summary judgment on Oct. 6. The defendant argues that summary judgment is appropriate for count I, which alleges Customary Construction owed the plaintiffs a duty to exercise reasonable care in the design and construction of the home.
“There is no dispute of fact that Count I of Plaintiffs’ Complaint seeks purely economic damages under a negligence theory against Customary Construction, LLC, which is not proper,” the motion states.
“Plaintiffs alleged damages in this case are purely economic losses that are not recoverable in tort,” it continues. “Plaintiffs seek damages for alleged diminution of value of their home and costs to repair or replace the walls and deck. Plaintiffs have not alleged any harm above and beyond disappointed expectations.”
Madison County Circuit Court case number 16-L-443