'Fixer to Fabulous' stars get trial date in Arkansas construction lawsuit

BENTON COUNTY, Ark. (KNWA/KFTA) — Dave and Jenny Marrs, a Northwest Arkansas couple with a home renovation show, are being sued by an unhappy customer.

The Marrs' are the hosts of "Fixer to Fabulous" and "Rock the Block" on HGTV. The couple owns both Marrs Construction and Jupiter Rentals, which are named as defendants in the lawsuit.

The couple that filed the suit, Matthew and Sarah McGrath, claim that they entered into a contract with the defendants, which was later breached.

The filing, dated Feb. 7, says that the defendant agreed to perform upgrades to McGrath's property prior to the plaintiffs’ purchase and executed an addendum to the contract on June 16, 2022, reflecting the additional work.

The contract provides that the plaintiffs would have the right to inspection prior to closing, and on July 15, 2022, the plaintiffs performed an inspection and submitted a list of repairs to Jupiter. The company agreed to several items of performance in the home subsequent to the plaintiffs’ purchase to be completed in 30 days, with the exception of the installation of replacement windows, which would be completed 90 days from closing.

"Although the contract suggests that building was completed at the time of execution of the contract, the plaintiffs requested specific upgrades to be performed by Jupiter, by and through its agent Dave Marrs," the complaint said.

The McGraths say, however, that the companies have not fulfilled their end of the deal.

"As of August 28, 2022, not a single item on the list of repairs had been performed," the complaint said. "Since that time, the defendants by and through David Marrs have attempted some of the repairs listed but have failed to fully perform and several of the attempts to repair have caused more damage to the house."

The couple says that soon after taking possession of the property, they discovered additional defects in the construction of the home. They went on to have the home inspected by a structural engineer and learned that "the deficiencies in the construction of their home are even more numerous than they were aware."

The complaint claims that Jupiter Rentals and Marrs Construction are guilty of breach of warranty and contract, and the McGraths are asking for proper damages and relief.

Both Jupiter Rentals and Marrs Construction responded to the suit, denying some of the allegations and saying that the contract "speaks for itself."

In the response, legal representatives for the companies admit that Dave Marrs had made efforts to address the list of repairs and that certain items on the list of repairs had not been fully addressed, but it was because the McGraths had allegedly refused to allow the companies' agents or subcontractors onto the property.

Legal representatives for Jupiter Rentals, Marrs Construction and the McGraths have not yet responded to requests for comment.

A five-day jury trial is set to start at 9 a.m. on Sept. 23, 2024, at the Benton County Courthouse.

This is not the first time that the Marrs' have been sued regarding their construction.

A lawsuit was filed in 2021 by Tyler and Dana Craddock, who claimed that Marrs Construction failed to complete the work on their home without defects.

The lawsuit states the Marrs' “did not maintain an Arkansas Contractor’s License” and “Neither Marrs Developing, LLC nor Marrs Construction, Inc. obtained the required construction-related permits from Benton County, Arkansas for the remodel to occur at the home."

The case was dismissed in March 2022 with an order from Judge Xollie Duncan stating "The court finds that the plaintiffs have settled their claims and fully released the defendants from any and all claims the plaintiffs may have against them."

from KARK https://ift.tt/LjPi8cd