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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Man claims contractor failed to fix deck after receiving more than $100,000

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BELLEVIILE — A man claims he paid a contractor more than $100,000 for a deck structure that had framing, drainage and other construction defects. 

Charles Mahoney filed a complaint Sept. 23 in the St. Clair County against Argos Construction and Maurice Weilbacher, alleging breach of contract, fraudulent misrepresentation and violation of the Deceptive Trade Practices Act. 

According to the complaint, Mahoney and Argos Construction entered into an agreement for the construction of a "covered deck structure" at a property in Caseyville on Jan. 15, 2017. Mahoney alleges in his suit that he paid Argos $106,054.44 at the time the project was completed in September 2017. He claims that in March 2019, he noticed the deck was not draining properly and that a "Schluter" drainage system was not installed despite being specified in the building plans. 

Mahoney also claims Weilbacher agreed to "take full responsibility for the problem" and that the repairs would be done by May 31, 2020. Mahoney alleges that Argos failed to make any repairs. 

He also claims that after hiring another construction company to fix the deck, they discovered that there were several other construction issues with the deck, including framing issues, cracking and separation in the brick work, and other errors that amounted to $50,000 in needed repairs. 

Mahoney seeks monetary relief of more than $50,000 and all other just relief. He is represented by Donald Schoemaker of Greensfelder, Hemker & Gale PC in Belleville. 

St. Clair County Circuit Court case number 20-L-0731

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