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‘Fixer to Fabulous’ stars’ trial in construction suit pushed back-KNWA

The jury trial for a lawsuit filed by a Northwest Arkansas couple against HGTV stars Dave and Jenny Marrs has been...

New details on ‘Fixer to Fabulous’ HGTV lawsuit-ALM

Recent court filings have revealed new details in a lawsuit against Northwest Arkansas-based HGTV stars Dave and Jenny...

NASCAR facing lawsuit for construction workers death-5 GOATs

A Chicago law firm has filed a lawsuit against NASCAR and the Chicago Park District regarding the death of an...

NYC construction bosses cleared of charges in crane collapse-NYP

Two New York City construction bosses accused of recklessly using a crane that toppled over in a near-fatal accident at...

‘Fixer to Fabulous’ stars get trial date in construction lawsuit-KNWA

Dave and Jenny Marrs, a Northwest Arkansas couple with a home renovation show, are being sued by an unhappy customer....

‘Fixer to Fabulous’ stars’ trial in construction suit pushed back-KNWA

Posted by Tom Taubenheim on September 10, 2024 8:05:00 AM CDT

The jury trial for a lawsuit filed by a Northwest Arkansas couple against HGTV stars Dave and Jenny Marrs has been pushed back to 2025, according to court documents.

A pretrial hearing has been scheduled for January 14, 2025, and the trial is set to begin on January 27, 2025.

Matthew and Sarah McGrath sued Jupiter Rentals and Marrs Construction in February 2023, companies owned by Dave Marrs, who co-stars in HGTV’s “Rock the Block” and “Fixer to Fabulous” with his wife Jenny.

The couple’s lawsuit claims the Marrs’ companies worked on a house for them, only to realize later it had multiple problems, including a “critical safety issue” with the home’s deck.

The Marrs claimed the couple would not allow the companies to repair the home, but made an effort to do so.

A settlement in the lawsuit was not reached after multiple failed attempts at court-ordered mediation. A filing in October 2023 by the plaintiffs said one attempt “failed utterly.”

In June, it was revealed in court documents that the lawsuit could face delays after the McGraths claimed in a filing that due to the tornadoes that ripped through Benton County on Memorial Day weekend, which left numerous businesses and homes affected, contractors “will be unusually busy for the next few weeks to come.”

A motion for extension was filed on June 4 by the plaintiffs asking that the discovery deadline set for June 24 be pushed back.

The judge granted that extension and the deadline was moved to July 8.

After the extension was granted, the plaintiffs asked for the trial to be pushed back.

Despite disagreement from the defendants, the trial was pushed back from the original September 23 start date.. Read More

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Topics: Construction Lawsuit

New details on ‘Fixer to Fabulous’ HGTV lawsuit-ALM

Posted by Tom Taubenheim on June 25, 2024 8:06:00 AM CDT

Recent court filings have revealed new details in a lawsuit against Northwest Arkansas-based HGTV stars Dave and Jenny Marrs.

The details suggest that companies related to the couple are responsible for a safety concern and nearly two dozen code violations for a house built in 2022.

Bentonville couple Matthew and Sarah McGrath filed the lawsuit in February 2023, claiming the house had multiple defects and the companies who built the home – Jupiter Rentals and Marrs Construction, both owned by Dave Marrs – had breached a contract, according to KNWA/KFTA.

Dave and Jenny Marrs are the stars of HGTV shows “Rock the Block” and “Fixer to Fabulous.”

After months of back and forth and failed attempts at court-ordered mediation, a settlement still hasn’t been reached.

The two parties are headed toward a five-day trial scheduled for 9 a.m. on Sept. 23 at the Benton County Courthouse.

Now, evidence shared in the 45-page filing reveals what led up to the lawsuit.

Filed on March 29, 2024, it says that a local contractor found nearly two dozen code issues and violations, as well as a “critical safety issue” on the property.

The filing included 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.

In the letter, dated Jan. 3, 2023, professional estimates put the costs at $38,740 for repair and proper construction of drive and walkways, and $47,862 for landscaping and grading, including installation of a French drain.

But the estimates didn’t include the nearly $1,900 expended by the McGraths “in attempts to discover the extent of the flaws in the construction of the home,” according to the letter.

“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.. Read More Here

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Topics: Construction Lawsuit

NASCAR facing lawsuit for construction workers death-5 GOATs

Posted by Tom Taubenheim on May 29, 2024 8:07:00 AM CDT

A Chicago law firm has filed a lawsuit against NASCAR and the Chicago Park District regarding the death of an electrician in 2023. Duane Tabinski, 53, was hired as a contractor to set up audio for the Chicago Street Race weekend and died after being electrocuted.

During the setup for the inaugural Chicago Street Race, Tabinski was hired by NASCAR as a contractor. He was hired to work the race stage and track. He set up speakers and microphones near Buckingham Fountain.

Filed on March 19, the lawsuit from Clifford Law Offices claims that NASCAR, as well as the Chicago Park District, were negligent regarding worker safety in the case of Tabinkski. The lawsuit was filed by Kristian Tabinski, Duane’s widow.

“This was a horrible tragedy for the Tabinski family. What happened last summer in the course of the setting up of the NASCAR race in Chicago was entirely preventable and it cannot happen again,” attorney Kevin P. Durkin said. “There was a terrible lapse in safety that led to the unfortunate death of Duane Tabinski.”

Also named in the lawsuit: United Rentals who provided the electrical equipment, Four Lead Productions, Malo Communications Services, and McGuire Scenic. Chicago Park District is listed in the suit for failing to make sure NASCAR and Four Lead provided a safe and proper work area.

Of course, NASCAR is going to run in the streets of Chicago again this year. There were complaints from local residents and politicians for disruptions. The city itself wanted NASCAR to help out more with the setup and tear down.

However, there is an agreement through 2025. This was a three-race deal when it started and this will be year two. The death of Duane Tabinski last year was a dark cloud over the weekend’s events. It will be interesting to see how this lawsuit shakes out and whether or not NASCAR is
..Read More Here

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Topics: Construction Lawsuit

NYC construction bosses cleared of charges in crane collapse-NYP

Posted by Tom Taubenheim on January 24, 2024 8:07:00 AM CST

Two New York City construction bosses accused of recklessly using a crane that toppled over in a near-fatal accident at a Manhattan job site were acquitted by a Manhattan Supreme Court judge Thursday.

Timothy Braico, 46, and Terrence Edwards, 44, dodged second-degree assault and reckless endangerment charges in the eight-month long trial for the June 25, 2018 crane collapse at a luxury residential building in Harlem.

The case was argued at a non-jury trial before Judge Maxwell Wiley after nearly five years of pretrial litigation that followed the pair’s November 2018 indictment by the Manhattan District Attorney’s Office.

“We are grateful that justice was done and wish that Mr. Braico didn’t have to wait five years to be vindicated,” Dan Horwitz, Braico’s defense attorney, said in a statement.

Prosecutors argued that Braico, a senior branch manager, rented a Jekko mini crane without ensuring that it was properly set up, while having untrained workers use the equipment.

Edwards, a site supervisor, had allegedly instructed an untrained worker to use the crane — causing it to topple over, sending a heavy glass panel crashing to the ground on the day of the incident, prosecutors have said.

Dramatic video of the crash showed the boom strike two ironworkers on the third floor of the construction site on East 126th Street.

One of the workers suffered severe head trauma and the other’s mobility was impaired due to his injuries.

Defense attorneys had accused the DA’s Office of withholding evidence that involved disgraced former Assistant District Attorney Diana Florence, who testified in the case.

Florence, a former head of the office’s Construction Fraud Task Force, resigned amid allegations that she withheld evidence in several other major cases in 2020.

The one-time Manhattan DA hopeful was accused of devising a “scheme” to have a summons dismissed against crane operator Steven Lewis, whom the defense accused of..Read More Here

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Topics: Construction Safety, Construction Lawsuit, Construction Accident

‘Fixer to Fabulous’ stars get trial date in construction lawsuit-KNWA

Posted by Tom Taubenheim on August 8, 2023 8:05:00 AM CDT

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.

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Topics: Construction Lawsuit

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