BENTON COUNTY, ARKANSAS, Ark. — The case against companies owned by HGTV stars is under threat of being "dramatically prejudiced" after tornadoes have caused issues getting a "critical" inspection, according to a new court filing.
In February 2023, Bella Vista couple Matthew and Sarah McGrath sued Marrs Construction and Jupiter Rentals, companies owned by Dave Marrs, who stars in HGTV show "Fixer to Fabulous" with his wife Jenny.
The McGraths' lawsuit claims that the companies worked on a house for the couple, only for them to discover later that there was a plentitude of problems, including a critical safety issue.
The defendants claim that the McGraths would not allow the companies and their builders access to the property to repair the home, but that they did make an effort.
Since the suit's filing over a year ago, the two parties have stayed ardent in their claims, with an attempted mediation "failing." The most recent updates to the case include depositions of involved parties and a recent order from a judge requiring the defendants to pay the plaintiff's attorney's fees.
A full breakdown of the lawsuit can be found here.
Now, in a motion for extension filed on June 4, the plaintiffs say that without a delay in discovery, the whole case could be adversely affected.
Both parties are bound to a discovery deadline of June 24. However, the McGraths say that because of tornadoes that ripped through the county on May 26, leaving hundreds of homes and businesses affected, available contractors are hard to come by.
"Because of the tornadoes that recently affected Benton County, the plaintiffs have been unable to coordinate a final review and report of their property detailing the extent and cost of repair to the property," the filing said. "Concerned about the upcoming deadline, and anticipating that contractors in the area will be unusually busy for the next few weeks to come, the plaintiffs sought an agreed extension to the current deadline by three weeks."
The new proposed deadline is July 15.
The filing says that the defendants are "unwilling to consent to an extension," going on to claim that while the defendants may not be affected by the extension, the plaintiffs could be "dramatically prejudiced to the extent of being potentially unable to present the merits of their case" if they fail to supplement their expert's report by June 24.
The court filing does note that the McGraths have no objection to an adjustment of other deadlines if the extension were granted.
On June 10, the defendants filed a response to the request for extension, saying that the McGraths have had almost two years to get this done.
"Plaintiffs and their counsel have been determining the scope and extent of the alleged construction defects in this dispute since at least September 2022," the filing said, adding that the McGraths' house was inspected at least twice by a man named Jim Gore, who has been identified as a structural engineering expert.
One of Gore's inspections happened on May 29 this year, three days after tornadoes struck Benton County, according to the defendants.
In the response, Marrs Construction and Jupiter Rentals claim that the McGraths have obtained a home equity line of credit, purchased the vacant lot next door to their house, and completely relandscaped and fenced in the two properties, among other housing projects.
Despite the fierce objection to the motion for extension, a judge ruled in favor of the McGraths, opting to reset the discovery deadline from June 24 to July 8 and reset the deadline for filing dispositive motions from July 23 to August 6.
As of now, the five-day jury trial is still scheduled to begin on Sept. 23, 2024.
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