Family Sues Wichita Home Builder After Mold Found

By: Jason Tarr Email
By: Jason Tarr Email

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Tuesday, September 11, 2012

Moving into their new home should have marked an exciting new beginning but a Wichita family says instead it was the beginning of a nightmare.

Not long after moving into their new east Wichita home in late 2010, Amy and Jason Perrault say they noticed something wasn't right.

"We started having rain that would come in the windows and around all the doors," Amy Perrault said. "At the same time, our son was continually getting sick, respiratory-wise."

They say the home developed mold around those windows and doors and inside the walls. And they say two-year-old Kalen's coughing fits grew worse.

They say they've had to stay at Amy's mother house multiple nights a week to get him out of the environment. They say he's also been on antibiotics more than 10 times in the last year, can't run and play, and rarely sleeps.

They've even had to take him multiple times to see specialists in Kansas City.

The Perrault's say Kalen's doctors decided his illness had to do with the house.

"I can't protect my son from my own house," Amy Perrault said. "He's been to the hospital four times in the last year. One hundred-thousand dollars worth of medical bills just in the past year alone."

In addition to their son's medical bills, they say their home needs $50,000 in repairs. With all those costs, they say they're in no financial position to move.

So, they say, after numerous attempts with no success to get builder Clint Miller to fix the problems, they decided to file a lawsuit against Clint Miller Homes, LLC and Clearwater, Fla.-based subcontractor MI Windows and Doors, Inc.

This is not the first time Clint Miller has faced allegations of wrongdoing. In late 2010 and early 2011 Miller faced an investigation by Wichita's Central Inspection office after problems with homes he built in the Maple Shade subdivision.

"The claim against the builder is that the windows were not installed correctly and the claim against the window and door company is that the windows were designed or manufactured incorrectly," the Perrault's attorney, Edward Robinson, said.

The attorney for Clint Miller Homes declined an on-camera interview. Instead he directed KAKE News to the answer filed to the Perrault's complaint.

In the answer, they deny the allegations and say, "Plaintiff's damages are not of the nature nor to the extent alleged." Clint Miller Homes also filed a cross claim against MI Windows and Doors, saying if the windows and doors are faulty Clint Miller Homes is not responsible.

The Perrault's say the lawsuit has nothing to do with the money but everything to do with providing a safe place for their son and family to live.

"I would take a full-night sleep for my son over money any night of the week," Amy Perrault said.

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