BENTON COUNTY, Ark. (KNWA/KFTA) — A recent court filing reveals new details in a lawsuit against HGTV stars Dave and Jenny Marrs.
Bentonville couple Matthew and Sarah McGrath filed a lawsuit in February 2023 claiming a house built for them a year earlier had numerous defects and the companies who built the home had breached a contract.
Jupiter Rentals and Marrs Construction, both owned by Dave Marrs, one-half of the couple that stars in HGTV shows “Rock the Block” and “Fixer to Fabulous” are the companies mentioned in the lawsuit.
Multiple attempts at court-ordered mediation have failed and after months of back and forth between the two parties, no settlement has been reached.
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Evidence shared in a 45-page filing details what led to the lawsuit.
A letter from the McGraths’ legal counsel to Dave Marrs and a report of findings for a structural investigation carried out by an Arkansas-based contractor were included in documents filed on March 29.
Legal counsel claims in the letter, dated January 3, 2023, professional estimates predicted these costs:
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Repair and proper construction of drive and walkways – $38,740
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Landscaping and grading, including installation of French drain – $47,862
The estimates did not include nearly $1,900 expended by the McGraths “in attempts to
discovery the extent of the flaws in the construction of the home,” according to the letter.
The letter continued, “Please understand, these reports do not completely detail the remedial work that needs to be performed to rectify the many failures in workmanship but only represent my clients’ current understanding of the nature and scope of repairs.”
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A report of findings, dated November 12, 2022, was included in the filing and said that additional investigations and design analysis were warranted in regards to roof framing, main floor framing, wall framing and wind bracing, deck foundations, deck floor modifications and attachment to the home, grading, and drainage issues.
The report said that given the age of the home, more structural issues could present themselves in the coming years. “The problems, which we observed, will continue and worsen until they are corrected,” the report added.
“It is our judgment that the home requires repairs for the roof framing, main floor framing deflections, exterior wall framing and bracing, reinstallation of the windows, vinyl siding, window and door flashing, and brick veneer. Repair and redesign of the back deck to eliminate the water infiltration and foundation issues. Additionally, grading and drainage modifications need to be made plus possible structural improvements to the retaining walls,” the report said.
Nearly two dozen code issues or violations were included in the report for various parts of the house.
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Among the issues found was that the deck was screwed to the rim of the house instead of being bolted to the rim. The contractor called it a “critical safety issue with the structural integrity of the deck.”
The McGraths are seeking the court’s judgment against the defendants and the attorney’s fees and litigation costs to be awarded as relief.
A pretrial hearing is set for 9 a.m. on September 5 with the five-day jury trial scheduled to begin on September 23 at the Benton County Courthouse.
KNWA/FOX24 has reached out to the attorneys for both parties.
The McGraths’ attorney said in a statement, “I think the position my clients want to take is to avoid public comment on any of this until it’s over.”
We are still waiting to hear back from the Marrs’ attorney.
To read the original story on the lawsuit, click here.
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