Homeowner to sue contractor

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Homeowner to sue contractor

Tindall, Staff Writer October 16, 2002

Town of Oconomowoc ­- When Mienel moved into her turnkey house nearly

two years ago, it seemed the keys were about the only things ready to turn.

The modular home on Highway 67 still has an incomplete third story. The

parts for a fireplace, which she says the builder was to install, were

delivered to the home but never assembled. Shutters that were to adorn the

windows instead sit in the basement.

Now the home may become uninhabitable due to toxic mold Mienel says

developed because of a flaw in the installation of the furnace. She is

preparing to file suit against the manufacturer of the modular home, Terrace

Homes of Friendship, and contractor Jack Perkins of Poynette.

Mienel's attorney, Ted Mazza, said he is preparing the suit, which will be

filed in Waukesha County Circuit Court. The suit seeks replacement of the

value of the home. The contractor claims the problems with the house are a

result of its maintenance.

" I wanted a turnkey house, " said Mienel. Having someone else sweat the

details of finishing a house was an attractive alternative to the single

mother of two. She works as a packer at the Target Distribution Center and

prepares mortgages from her home, in addition to her duties as a mom to a

20-year-old son and a 17-year-old daughter.

Mienel says she researched the modular home concept and is still convinced

it's the best way to build. A relative purchased a modular home and has been

satisfied with its performance, Mienel said. Modular construction means that

units for the home are manufactured in a factory, then shipped to a site and

assembled by a contractor. The homes are ostensibly complete when the owner

moves in.

" It just sounds like a win-win situation, " she said.

But problems arose from the start with the 2,600-square-foot, three-bedroom,

three-bath house. Noticeably absent were appliances the contractor was to

install, and brick facing that was to be applied to the exterior of the

house.

" We had to get our own appliances, " Mienel said.

When she approached the contractor about the unfinished third floor, which

she says is now just bare studs, she was told it was up to her to have it

finished. The company offered the same answer when she inquired about the

fireplace that was sitting in boxes in her living room.

Mienel's battle over unfinished work took an unexpected and critical turn

when she noticed mold growing near the chimney. A workman from the

contractor responded to Mienel's complaints about the mold, and painted over

the patches with Kilz sealing primer. The mold quickly bled through. At

first, the contractor suggested that perhaps the chimney was leaking, but

patches of mold were soon discovered in other rooms, including a bedroom and

bathrooms.

Shortly after the mold was discovered, a heating and air conditioning

serviceman came to clean Mienel's furnace. He discovered that a fresh-air

return had never been installed. That omission likely led to the mold

problem.

Failure to install the fresh-air ductwork is the basis of Mienel's lawsuit.

" The mold in the house is caused by the negligence of the contractor, " Mazza

said.

But Perkins suggested that the mold in the house is a result of poor

maintenance.

" It's usually the care (of the house) by the customer, " he said.

Perkins said the fresh-air return should have been installed, but that it

was Mienel's responsibility to have that work done, not his.

" The owner was told to get that installed, " he said.

Mienel's modular home was built from four factory-made modules, Perkins

said. Those modules were built indoors and were shingled and airtight before

they were assembled as a house.

" The homeowner creates that mold from the inside, " Perkins said. " If you put

moisture into a house, you're going to get problems. "

Perkins suggested that pets Mienel keeps contributed to the mold.

Mazza said he expects to have his lawsuit filed by the end of this week. In

the meantime, Mienel continues to struggle with the effects of the mold.

The fungus has begun to affect the health of Mienel and her children. Her

son, who had asthma as a child but outgrew it, began suffering attacks. He

has had to move out of the house. Mienel and her daughter have suffered

chronic sinus infections, but have remained in the house because Mienel says

she can't afford to rent another home.

Ken , a microbiologist, whom Mienel paid $120 per hour, inspected the

home and identified the toxic mold. The strain of fungus is known to

irritate mucous membranes, he reported.

To rid the house of the mold, told Mienel, she would have to rip out

all the carpeting and dispose of much of her furniture. " Anything that could

hold the mold spores, " she said.

During the summer months, Mienel said, she was able to mitigate the mold

problems by keeping windows open to introduce fresh air. As the winter

season approaches, however, she is concerned that the house may be

unlivable.

In a search for a way out of her housing dilemma, Mienel contacted area

Realtors, who told her that even if she sold the house at a loss, she would

have to disclose the mold situation, which would likely derail any sale.

" I have to pay a mortgage for a house that I can't sell and can't live in, "

Mienel said.

©Oconomowoc Focus 2002