Attorney General's News Release

March 14, 2001

Nixon obtains court order requiring home contractor to pay for inspection and repair of homes with defects

Kansas City, Mo. — A Kansas-based residential construction company and its owner will pay for the inspection and repair of 36 Missouri homes they built that contain major construction defects, Attorney General Jay Nixon said today.

Nixon obtained a permanent injunction and final judgment in Jackson County Circuit Court today against Francis Jeffrey Miller and his business, Miller Enterprises Inc. Nixon sued Miller and his business last August over complaints about shoddy and substandard work on newly constructed homes in the Kansas City area.

Under the terms of the injunction, Miller will:

• Hire an independent engineer or certified home construction inspector, approved by the U.S. Department of Housing and Urban Development and acceptable to the state, to determine the necessary repairs to the homes affected. Repairs will be made to correct original construction defects or problems caused by those defects. Miller has submitted a list of proposed inspectors to the state.
• Hire independent contractors, approved by the state, to make the repairs. Those contractors will be required to make the repairs within 60 days of being hired. The completed work then will be inspected and certified by the independent inspector, with the certification submitted to the state.
• Establish an escrow account or obtain a letter of credit to cover the estimated costs of the repairs.

In addition, Miller will reimburse any covered consumer who previously paid for repairs that are covered under the injunction, and he will pay for expenses incurred by any of the homeowners who must temporarily leave the home while the repairs are underway.

On future home construction, Miller and any of his subcontractors will be required to use construction methods, practices and building materials that comply with all applicable housing and building codes. He also must obtain any required municipal inspections and approvals, conduct walk-through inspections of houses with the buyers, and honor any construction warranty he gives.

Miller was ordered to pay $14,224 to the state for its investigative and legal costs, and will be assessed a $5,000 civil penalty if he violates any provisions of the court order.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818