Four Seasons at Mirage,were defects in homes repaired? (Toms River: attorneys, houses)
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Hi looking at homes in Mirage Barnegat & came upon this article about problems with inspections & builder in four seasons. Anyone know if repairs have been finished? Thanks
Barnegat Township sues Menk Corp. and Ocean County over defects in homes in Four Seasons at Mirage
Barnegat Settles with County Over Menk Homes
Ocean County to pay $250,000 for cost of inspections of hundreds of Four Seasons at Mirage homes
By Graelyn Brashear, Patch Staff
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Mar 6, 2012 7:44 pm ET
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Updated Mar 6, 2012 9:11 pm ET
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Barnegat Township has settled a long-running lawsuit with the county over home inspections in the Four Seasons at Mirage development, though officials say ongoing litigation with the developer responsible for the flawed construction may continue for some time.
The township will receive a $250,000 cash settlement and "other considerations" from Ocean County, ending a 2010 lawsuit over who was responsible for Uniform Construction Code inspections of Mirage homes that had a number of structural issues. Barnegat also filed suit with developer Menk Corporation, which built the homes with what the township said were UCC violations.
By 2006, many Mirage residents in Menk-built homes were complaining of leaky crawl spaces and other problems. Then and current mayor Al Cirulli and Committeeman Jeff Melchiondo promised the issues would be fixed, said township administrator David Breeden.
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Ultimately, 467 homes had UCC violations, which were remedied, said Breeden. But the issue of who would pay for the fixes still wasn't resolved by 2010.
"The initial goal of the effort was to abate the UCC violations," Breeden said. "Having safe homes along with a deserving quality of life for the Menk homeowners was the priority, and once that was accomplished, then the township could turn its attention to seeking reimbursement from responsible parties."
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Barnegat maintained that it was the county that was responsible for conducting the UCC inspections, and should have picked up the tab. The settlement resolves that issue, Breeden said.
But reaching a settlement with Menk could be a long road, officials said.
"Menk looks like it will go all the way through with litigation," said Cirulli. "Luckily the county did the right thing."
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"Even though Menk has made the needed repairs required to abate the UCC violations, the Township is of the position that Menk has an obligation to reimburse Barnegat taxpayers for cost associated with forcing Menk to render necessary repairs," said Breeden. "Barnegat is pleased that we were able to reach a resolution with the county. The Township strongly believes this agreement will re energize our relationship with the county which will be beneficial for Barnegat residents. We appreciate the willingness of the county to work with the Township and resolve this matter."
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By ERIC SCOTT CAMPBELL Staff Writer Jun 23, 2010 Updated Jun 20, 2019
BARNEGAT TOWNSHIP — The municipal government is suing both developer Menk Corp. and Ocean County’s government for alleged construction negligence the township has paid nearly $1 million to correct.
Menk built 476 homes in the Four Seasons at Mirage development from 1998 to 2002, the majority of them incorrectly, township attorneys argued in the civil court filing Friday.
The township drew in Ocean County as a defendant because, according to the lawsuit, county inspectors failed to enforce construction code, overlooking defects that allowed water to infiltrate crawl spaces.
“The township strongly feels that both the county and Menk have a legal and moral obligation to make the township whole,” said township Administrator Dave Breeden.
Barnegat has spent $911,042 on its own inspections, engineering and legal fees, Breeden said. Menk is paying another contractor, Lakewood-based All County Exteriors, to perform repairs.
A previous contractor was dumped for what the township called inadequate work, though Quality Plus of Toms River accused Menk of misrepresenting the work that would need to be done.
Repairs remain on 108 of the 476 houses, Breeden said. Twenty of those houses have repairs under way. The whole job should be done by the end of 2010, Breeden said, by which time he estimates the cash-strapped township will have spent $1 million.
Menk representatives could not be reached for comment Wednesday. Donna Flynn, an Ocean County spokeswoman, said the county does not comment on active litigation, and furthermore, the county has yet to receive a copy of the lawsuit.
I'll take a guess not sure though, Open Public Records
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