EDWARDSVILLE – A couple is suing a general contractor for breach of contract after he allegedly failed to complete construction on a Jerseyville property and attempted to drain their payment account.
Plaintiffs Bob and Mary Spurlock filed the lawsuit in the Madison County Circuit Court against defendant Rick Mueller Construction, Inc. and Richard Mueller, citing breach of contract and negligent misrepresentation.
According to the lawsuit, Rick Mueller Construction, Inc. (RCMI) is owned and operated by Mueller and in the business of constructing homes. The company dissolved in December 2021, but Mueller continued to conduct business under the RCMI name.
The lawsuit states that on March 14, 2021, the plaintiffs entered into an agreement with the defendants to construct a single-family home in Jerseyville. Prior to the agreement, Mueller represented himself and his company as a skilled and experienced general contractor. Under the contract, the defendants would be responsible for purchasing all materials and performing all necessary labor to complete the structure.
The Spurlocks agreed to purchase the completed home for $273,981. They opened and funded an account with Quickdraw Construction Disbursing to facilitate payments to the defendants. The plaintiffs allege that prior to the home's completion, the defendants eventually depleted the payment account. Once the account was empty, the defendants ceased all construction on the property on June 6, 2022. At the time, the property still required extensive work that was supposed to be completed under the contract.
The Spurlocks state that Mueller never informed them that his company had been dissolved during the construction of the property. They also add that the final time Mueller appeared at Quickdraw to withdraw all funds from the payment account, he falsely claimed that all work on the house had been "fully completed and accepted by the owner." The plaintiffs state that they had to finish the incomplete work on their home at substantial cost to themselves.
The plaintiffs are seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper. They are represented in this case by attorneys Matthew B. Champlin and Emilee Bramstedt of Heplerbroom LLC in Edwardsville.
Madison County Circuit Court case number 2022LA001269