O'Fallon property owners allege homebuilder failed to fix defects

By Erianne Leatherman | Mar 12, 2019

BELLEVILLE – O'Fallon homeowners are suing a builder and his company for allegedly failing to complete work in a professional manner.   

James and Katherine Rybak filed a complaint in St. Clair Circuit Court on Feb. 12 against Mark Potthast and Ellie Cade Custom Homes LLC, alleging breach of contract. 

The suit states that the defendants were contracted to build the Rybaks' home located on Frederick Lane in O'Fallon. The residential construction contract was signed Sept. 2017 for $792,867.00 plus a 10 percent contractor fee, which was subject to change upon written approval and confirmation by both parties. 

According to the complaint, the contract stated that any damage or structural defects were the responsibility of the defendants to replace and repair and the defendants were informed in writing about damage and defects to the property. 

The plaintiffs allege Ellie Cade Homes did not fix the defects, which included scratched hardwood floors, cracked mortar on the home exterior, unsecured interior crown molding and exterior gutters, incorrect paint colors and defective French doors.

The complaint also states Potthast breached his warranty that ensured the work was free from issues. 

The Rybaks seek more than $50,000 per count in damages from the defendants. They are represented by attorney James K. Keefe Jr. of Keefe & DePauli PC 

St. Clair County Circuit Court Case number 19-L-120

 

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