EDWARDSVILLE - Troy homeowners claim a pool company damaged their septic line and then failed to complete the backyard project.
Eric and India Johnson filed a lawsuit in the Madison County Circuit Court against Omega Pools Corp. and Matthew A. Thompson, alleging breach of contract and misrepresentation.
According to the lawsuit, the Johnsons contacted the defendants for a backyard renovation on Feb. 21, 2021, including the construction of a pool and pool deck at their residence in Troy. They were charged $155,340 and were expected to pay 30 percent, or $46,602, when they signed the contract. They were expected to pay 40 percent, or $62,136, at time of the project's commencement, 20 percent, or $31,068, before the walls were poured and the remaining 10 percent, or $15,534, when the project was completed.
The contract was then altered to make $10,000 due at time of signing, $36,602 due by April 15, 2021, and $46,403 due at the beginning of the project. Plaintiffs paid a total of $93,204.
The Johnsons claim the defendants began on the project on June 4, 2021. While digging, the defendants allegedly hit the plaintiffs' septic line. They allegedly tried to fix it without success and then stopped working on the project. Then on Oct. 8, 2021, the defendants signed an amended agreement that included a guarantee for the pool to be completed by Nov. 30, 2021, and provide a remedy of $100 credit per day after the deadline of the project if it is still not completed. If the project was not completed by March 31, 2021, the agreement states that the plaintiffs would obtain $200 per day. The suit states that the defendants have failed to complete the project.
The plaintiffs seek punitive damages in an amount in excess of $50,000, plus a total of $93,204 reimbursed, $3,500 for terms of the agreement of remedy per day past set deadlines, attorney's fees and cost of suit,. They are represented by Matthew J. Morris of Lewis Brisbois Bisgaard & Smith in Edwardsville.
Madison County Circuit Court case number 22-LA-000095