Homeowners, Montgomery & Rust argue over structural issues

By Kyla Asbury | Aug 9, 2018

Two homeowners accuse a homebuilder of fraud and breach of contract.  

PITTSBURGH — Two Pittsburgh homeowners say a home builder did not properly construct their house in 2008, leading to years of structural problems.

Lee Colker and Keith Marcon filed an amended complaint on June 12 in the Court of Common Pleas of Allegheny County against Montgomery & Rust, alleging fraud and breach of contract. 

Colker and Marcon claim the loads to interior walls were not properly supported, which caused structural issues. They also say the lone engineered floor truss was not capable of supporting the loads that were placed on it.

When the homeowners discovered the defects, they notified Montgomery & Rust,, the complaint states. The homebuilder hired two engineering experts, who confirmed the problems and recommended a course of action, the complaint states. Colker and Marcon hired their own independent expert. 

The plaintiffs informed Montgomery & Rust that they wanted to hire an independent expert to review the issues and the recommended course of action. 

"Despite such repeated requests, and the defendant's offer to reinforce the floor truss ... the defendant has refused to and failed to perform the necessary work to remediate the defendant's design and/or construction deficiencies," the complaint states.

Montgomery & Rust filed preliminary objections to the amended complaint last month. 

Montgomery & Rust denied any fraud and argued the homeowners' claims are essentially a contract dispute. The homebuilder asked the court to dismiss the complaint, because it fails to satisfy the elements of an enforceable contract in  Pennsylvania.

Montgomery & Rust is represented by Jeffrey C. Catanzarite and Paul  D. Svirbel of Summers, McDonnell, Hudock, Guthrie & Rauch.

The homeowners are seeking damages of more than $35,000. They are represented by Danny P. Cerrone Jr. of Clark Hill. 

Court of Common Pleas of Allegheny County Case number: GD-17-8399

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