CAPE GIRARDEAU – A couple is suing a Missouri construction firm and others over claims that they "defectively performed almost every aspect" of the building of a new house on land they owned.
Larry Presson, who has an address in Tennessee, filed the complaint on behalf of himself and his wife, Marilyn, who suffers from Alzheimer's disease, May 1 in the U.S. District Court for the Eastern District of Missouri, Southeastern Division.
The couple filed the complaint against Michael D. Haga, Indian Creek Builders, William B. Gresham and Chas. C. Meek Lumber Co. of Poplar Bluff and others.
They are variously accused of breach of contract, breach of warranty, fraudulent misrepresentation, negligence and violation of the Missouri Merchandising Practices Act over the construction of the house at Poplar Bluff in Butler County.
The defendants have not yet responded to the complaint.
Since the beginning of construction, Haga, ICB and ICI "defectively performed almost every aspect of the project," the complaint states
It is further claimed that the principal, Haga, and his companies failed to use properly trained workers to build the insulating concrete form (ICF) walls, and that the first foreman on the project was a drywall installer.
"Haga hired unskilled young boys from out of state, housed them in a 'bunkhouse' at his farm, and charged them rent, treating them like indentured servants," the complaint states.
Apart from the claims over the walls, including alleged actions that led to "seriously misaligned walls on the project which are not plumb, not straight, square or level," the complainant also took aim over the effects on the roof.
"The roof system on the project was constructed on the defective walls, which caused the roof to be misaligned and out-of-square as well, which weakens the roof, shortens its longevity, and its ability to prevent leaking," the complaint states.
"Haga failed and refused to remit payment to subcontractors, laborers and material suppliers on the project in violation of terms of the contract, and in an act to defraud plaintiff," the suit claims.
The plaintiff alleges the subcontractors have sent collection letters to him.
The plaintiff is represented by Jeffrey A. Land of Jeffrey A. Land and Associates in Memphis, Tennessee.
U.S. District Court for the Eastern District of Missouri, Southeastern Division case number 1:18-cv-00099