Why are Dave and Jenny Marrs getting sued? Clients file case against HGTV couple over defects on their house
BENTON COUNTY, ARKANSAS: New information on a lawsuit against the businesses owned by HGTV celebrities Dave Marrs and Jenny Marrs was recently disclosed in a court filing. Matthew and Sarah McGrath, a couple from Bentonville, Arkansas, filed a complaint in February 2023, alleging that the company that built their house had broken a contract and that the property had several flaws when it was completed a year earlier.
The complaint names Dave, one half of the pair that hosts the HGTV series 'Rock the Block' and 'Fixer to Fabulous', as the owner of Jupiter Rentals and Marrs Construction. The McGraths assert that they upgraded a Bella Vista property for more than $10,000, adding a railing and steps to the back deck, installing windows in the upper garage panel, and extending the hardwood flooring into the bedrooms.
(Instagram/@dave.marrs)
According to the lawsuit, Jupiter Rentals received a list of repairs following an inspection conducted before closing on the property. The McGraths claim that "not a single item on the list of repairs had been performed," despite the company's promise to finish a number of the list's items within 30 days, as per the documents pulled by Daily Mail.
The firms "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," according to the lawsuit. The McGraths claim that after assuming ownership of the house, they discovered more flaws in its construction and that an inspection revealed even more "deficiencies in the construction."
There has been no resolution despite months of back and forth between the parties following several unsuccessful attempts at court-ordered mediation. Additional information regarding what prompted the complaint is provided by evidence included in a recent 45-page filing.
The McGraths claim the issues left by 'Fixer to Fabulous' hosts Dave and Jenny Marrs will continue to worsen
Documents submitted on March 29 contained a letter to Marrs from the McGraths' legal counsel, as well as a report of results from a structural assessment done by a contractor with an Arkansas address. In the letter dated January 3, 2023, legal counsel asserts that expert estimates projected these expenses:
$38,740 for drive and walkway repair and correct construction
$47,862 for grading and landscaping, including the installation of a French drain
The letter claimed that the McGraths had spent close to $1,900 "in attempts to discover the extent of the flaws in the construction of the home," but that amount was not included in the estimates. The letter added, “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.”
The filing contained a report of findings dated November 12, 2022, which stated that further research and design analysis was necessary with regard to the deck foundations, deck floor modifications and attachment to the home, grading, drainage issues, roof framing, main floor framing, wall framing, and wind bracing. According to the research, further structural problems can surface in the upcoming years due to the age of the house.
“The problems, which we observed, will continue and worsen until they are corrected,” the report continued.
(Instagram/@dave.marrs)
'Fixer to Fabulous' hosts Dave and Jenny Marrs slammed with 2 dozen code violations
The report covered around two dozen code infractions or concerns for different areas of the property. One of the problems discovered was that, rather than being bolted to the house's rim, the deck was screwed to it.
It was described as a "critical safety issue with the structural integrity of the deck" by the contractor.
The McGraths are requesting remedies in the form of lawyers' fees and litigation costs in addition to the court's verdict against the defendants.
"I think the position my clients want to take is to avoid public comment on any of this until it’s over," a McGraths' lawyer said when contacted for comment by Nexstar's KNWA/KFTA.
A 5-day-jury trial against 'Fixer to Fabulous' hosts Dave and Jenny Marrs will begin in September
KNWA/KFTA's request for comment was not immediately answered by the defendants' representatives. The five-day jury trial is expected to start on September 23 in the Benton County Courthouse, with a pretrial hearing scheduled for September 5.
The Marrs had been sued for their building on previous occasions. A couple sued Marrs Construction in 2021, claiming the company had neglected to finish their home's construction without any flaws.
Per the complaint, the Marrs failed to maintain their Arkansas contractor's license and failed to get the necessary construction-related licenses from Benton County, Arkansas, for the makeover to take place at the property.
"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," Judge Xollie Duncan's decision dismissing the case in March 2022 said.
