home builder and window manufacturer seeks to fix moldy, leaking Wichita,
By Bill Wilson, The Wichita Eagle, posted Sept. 13, 2012
Three-year-old Kalen Perrault has a wracking cough so severe that his
mother, Amy Perrault, has to take him to Derby many nights to sleep in the
clean air of his grandparents’ house.
His father, Iraq veteran Jason Perrault, and mother blame mold in their
2-year-old $184,000 home at 10457 E. Fawn Grove Court. They say faulty
windows and construction have left the house, built by Clint Miller Homes of
Wichita, essentially unsealed to the elements. The Perraults say the home is
plagued with leaking water during storms, and environmental cleanup
specialists have found mold that will cost about $47,000 to remediate.
Meanwhile, Kalen has run up more than $200,000 in medical bills for
treatment of severe breathing problems aggravated by the house, his mother
said, problems that still leave him sick about three out of every five
“He can’t even sleep in his own home,” Amy said during an interview this
week. “He can’t spend the night with his brothers. I can’t spend the night
with my husband. … This is what you buy a new home to avoid.
“It just isn’t right.”
The Perraults filed suit July 9 in Sedgwick County District Court against
Clint Miller Homes and MI Windows & Doors, a Florida-based firm that made
the windows used in the house. The suit was a last resort after Miller
refused to work with the Perraults, said Ed Robinson of Joseph and
Hollander, the couple’s Wichita attorney.
The lawsuit seeks damages in excess of $75,000 and accuses Miller and the
window firm of “either faulty construction or faulty windows supplied by
MIWD” leading to the mold problem. It accuses Clint Miller Homes of
breach of contract, negligence and private nuisance that has rendered the
Perrault home “substantially uninhabitable … during rain and snow events.”
It also accuses MIWD of negligent design or manufacture of the windows.
Wichita attorney Jeff Spahn, representing Miller’s insurer Mid-Continent
Casualty, denied the suit’s allegations Wednesday.
MI Windows is represented locally by Mark Biberstein of the Foulston Siefkin
law firm. Biberstein could not be reached for comment Wednesday. There was
no answer Wednesday at the company’s Florida headquarters.
The Perrault lawsuit isn’t the first complaint Miller has faced about the
workmanship in his Wichita homes.
A three-month Eagle investigation in late 2010 led city officials to
substantially tighten the regulations governing the construction of slab
homes, or homes built solely on concrete foundations set in the soil without
a basement. A city task force, formed in response to the Eagle
investigation, found that a half-dozen newer slab houses built by Miller in
the Maple Shade subdivision at Harry and Webb Road were cracking apart
because of unstable soil, drainage problems and a lack of foundation
reinforcement. However, the task force determined that the houses were built
to city codes, which The Eagle found weren’t as stringent as in several
Robinson said he’d prefer a quick resolution without a lawsuit — repair of
the Perrault house and remediation of the mold. No such repair has been
forthcoming, despite almost two years of negotiations, he said. Robinson
said his clients want the home fixed as soon as possible, and are willing to
pursue arbitration or mediation.
“The reason we filed suit is to identify the subcontractors because Clint
Miller wouldn’t tell us who they are,” Robinson said. “We think the
subcontractors may have been involved in some of the faulty construction,
and we need to make them parties to the litigation. Once we have all of them
identified, we can proceed with mediation, arbitration or litigation. An
important first step is identifying everyone who may be at fault and getting
them involved in the process.”
The business Clint Miller Homes cannot currently get permits to build homes
in Wichita, according to interim city central inspection head Donte Martin,
because it lacks insurance renewal verification. The company’s membership in
the Wichita Area Association of Builders has been suspended due to
unspecified problems, WABA president Wess Galyon relayed through staff
However, Miller and his family are continuing to build five homes in the
Fawn Grove subdivision, just south of Kellogg off of Webb, under the
business Build Wichita, a Class B licensed group with Kevin Miller as the
qualified builder, Martin said. Other co-owners are Steve and Sally Miller.
Any involvement by Clint Miller as an individual in those projects would not
be in violation of city code, Martin said.
On Monday, The Eagle asked workers at one of those new homes where Clint
Miller could be reached. Workers said Miller was gone for the day but would
be back Tuesday to continue work on the home.
Tom Atambo, president of the Fawn Grove Homeowners Association, said
Miller’s wife, Brigid, runs an office on site and is actively involved in
the supervision, advertising, marketing and subsequent closing of all home
sales within the subdivision.
“All construction to the best of our knowledge (in the subdivision) is being
done within the Clint Miller family,” Atambo said.
Attempts to reach Miller through the Clint Miller Homes office at 14114 E.
Twinlake Drive and through one of his representatives, Wichita attorney
David Crockett, were unsuccessful this week. Crockett declined comment on
The telephone at Miller’s office was busy Wednesday.
Meanwhile, the Perraults say their goal is to live in their new home
“We have offered many times to just replace the windows, replace the doors,
remediate the mold and we’re happy,” Amy Perrault said. “We do have a lot of
medical expenses, and getting some of those reimbursed would be fantastic,
but that’s not my goal here.
“My goal is to make sure my son has a healthy environment to live in.”
[Home] [Up] [New York Condo Mold Lawsuit] [Failure To Disclose Mold] [Home Builder Mold Lawsuit] [Distillery Mold Lawsuit] [Navy Family Sues Housing Management] [New York Mold Court Decision] [School Mold Lawsuit] [Government Building Mold Lawsuit]