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Saturday, July 20, 2019

O'Fallon couple alleges contractor performed shoddy work on residence, barn, dog kennel

Lawsuits

By John Breslin | Jul 10, 2019


BELLEVILLE -- An O'Fallon couple is suing a building contractor, alleging 33 separate faults they found after the construction work was completed.

Carol Jenner and Tim Gregg are suing for breach of contract and warranty over the extensive work carried out on their property in O'Fallon.

They accuse contractor Marmon Builders and owner Richard Marmon of shoddy work after they entered a contract to renovate their home and build a barn and dog kennel on their Frederick Lane property. The suit, against both the company and Marmon personally, was filed in St. Clair County Circuit Court.

A telephone number for Marmon Builders is disconnected. Illinois business records show that the company, which was incorporated in the early 1990s, was involuntarily dissolved in May 2018.

According to the complaint, Jenner and Gregg entered into a contract to renovate their residence in April 2017. The cost agreed to was a bit more than $305,000, with a promise to complete the work by November 2017.

The parties signed a second contract worth approximately $139,000 to build a barn and a dog kennel. In total, the couple delivered a down payment of $22,000, according to the complaint. 

In their breach of contract count, the couple list of litany of omissions, defects and failures, including the alleged failure to account for the down payment.

Most of the allegations relate to the barn and kennel. These include failing to install concrete sealing and to complete the lining of the doors, a defectively installed kennel, failing to provide a septic tank, incorrectly installing air conditioning, plus a variety of issues that led to leaks, and problems with the electric system.

The concrete in a driveway cracked a short time after it was laid down, according to the complaint, which also alleges the work was not finished before the date specified.

On the breach of warranty count, Marmon Builders and Richard Marmon are accused of not abiding by the terms of the contract by failing to use new materials and equipment or ensuring the work would be of "good quality, free from faults and defects."

The plaintiffs are represented by Terry Neubauer of Neubauer, Johnson and Hudson of Fairview Heights.

St. Clair County Circuit Court number 19-L-440.

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