BENTON COUNTY, Ark. (KNWA/KFTA) — A current court docket submitting reveals new particulars in a lawsuit towards HGTV stars Dave and Jenny Marrs.
Bentonville couple Matthew and Sarah McGrath filed a lawsuit in February 2023 claiming a home constructed for them a 12 months earlier had quite a few defects and the businesses who constructed the house had breached a contract.
Jupiter Leases and Marrs Development, each owned by Dave Marrs, one-half of the couple that stars in HGTV reveals “Rock the Block” and “Fixer to Fabulous” are the businesses talked about within the lawsuit.
A number of makes an attempt at court-ordered mediation have failed and after months of backwards and forwards between the 2 events, no settlement has been reached.
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Proof shared in a 45-page submitting particulars what led to the lawsuit.
A letter from the McGraths’ authorized counsel to Dave Marrs and a report of findings for a structural investigation carried out by an Arkansas-based contractor have been included in paperwork filed on March 29.
Authorized counsel claims within the letter, dated January 3, 2023, skilled estimates predicted these prices:
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Restore and correct development of drive and walkways – $38,740
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Landscaping and grading, together with set up of French drain – $47,862
The estimates didn’t embrace practically $1,900 expended by the McGraths “in makes an attempt to
discovery the extent of the failings within the development of the house,” in response to the letter.
The letter continued, “Please perceive, these stories don’t fully element the remedial work that must be carried out to rectify the numerous failures in workmanship however solely symbolize my shoppers’ present understanding of the character and scope of repairs.”
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A report of findings, dated November 12, 2022, was included within the submitting and mentioned that further investigations and design evaluation have been warranted with reference to roof framing, major flooring framing, wall framing and wind bracing, deck foundations, deck flooring modifications and attachment to the house, grading, and drainage points.
The report mentioned that given the age of the house, extra structural points might current themselves within the coming years. “The issues, which we noticed, will proceed and worsen till they’re corrected,” the report added.
“It’s our judgment that the house requires repairs for the roof framing, major flooring framing deflections, exterior wall framing and bracing, reinstallation of the home windows, vinyl siding, window and door flashing, and brick veneer. Restore and redesign of the again deck to get rid of the water infiltration and basis points. Moreover, grading and drainage modifications should be made plus doable structural enhancements to the retaining partitions,” the report mentioned.
Almost two dozen code points or violations have been included within the report for numerous components of the home.
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Among the many points discovered was that the deck was screwed to the rim of the home as an alternative of being bolted to the rim. The contractor known as it a “vital security situation with the structural integrity of the deck.”
The McGraths are in search of the court docket’s judgment towards the defendants and the legal professional’s charges and litigation prices to be awarded as aid.
A pretrial listening to is ready for 9 a.m. on September 5 with the five-day jury trial scheduled to start on September 23 on the Benton County Courthouse.
KNWA/FOX24 has reached out to the attorneys for each events.
The McGraths’ legal professional mentioned in an announcement, “I believe the place my shoppers wish to take is to keep away from public touch upon any of this till it’s over.”
We’re nonetheless ready to listen to again from the Marrs’ legal professional.
To learn the unique story on the lawsuit, click on here.
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