BELLEVILLE – Belleville homeowners filed a lawsuit against McBride and Son Construction, claiming their home wasn't constructed in accordance with local building codes.
Plaintiffs Tony Byrum and Marianne Shaw filed the lawsuit in the St. Clair County Circuit Court against McBride and Son Construction, citing breach of contract in violation of the Consumer Fraud and Deceptive Practices Act.
According to the lawsuit, the plaintiffs entered into an agreement with McBride and Son Construction for the construction of a single-family home in Belleville.
The lawsuit states that the home was not built consistent with contract specifications to meet local building codes and there are defects in the structure's foundation, concrete flatwork, framing, doors, windows, flooring, finish carpentry and fireplaces.
The plaintiffs claim they have notified McBride and Sons numerous times by writing to correct these issues, but the company has failed to address the alleged defects. As a result, the plaintiffs claim they've had to expend large amounts of money to renovate the property to bring it up to code.
According to the plaintiffs, they entered into a contract for the construction of a home guaranteed to be free of defects for a period of 18 months after completion and that the defendant would fix any defect within seven days' notice. They allege that contract has been breached by the defendant.
The plaintiffs are seeking damages in excess of $50,000, plus court costs, attorney's fees and any other relief the court deems proper. In addition the plaintiffs are seeking injunctive relief against the defendant such that they cease construction of projects that they are not certified to complete. They are represented in this case by attorney Mark S. Peebles in Belleville.
St. Clair County Circuit Court case number 23LA0924