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Condo association sues construction company

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life New Richmond, 54017

New Richmond Wisconsin 127 South Knowles Avenue 54017

Somerset Meadows Condominiums Association (430 Second St., Hudson) has filed a claim against Jask Inc., aka Krongard Construction Co. (Stillwater, Minn.), for injury to property, breach of implied warranty and negligent construction.

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The claim is regarding four condominium buildings located at numbers 601 through 637 Meadow Lane in Somerset.

The claim, filed on Dec. 3, alleges Krongard built the condos "on a site which was insufficient for construction." The suit more specifically claims that the two to eight inches of fill Krongard used in the foundations was too soft, improperly compacted, "did not conform to the characteristics of the existing soil," and did not sufficiently drain water. The claim further alleges the water table was too high for the construction of the buildings.

The claim alleges the condominium buildings have suffered damages which include water intrusion, frost heave, cracked and broken concrete slabs, damaged electrical and gas lines, exposure of foundation walls, damage to foundation walls and cracks in the walls, floors and ceilings of the buildings.

Somerset Meadows Condominiums Association is claiming the damage is a result of improper construction and is claiming damages in excess of $381,280.

The claim alleges that Krongard is liable for the injury to the property and the cost to repair the damage or the cost of the diminished value of the property if the damage is irreparable.

According to the claim, Somerset Meadows Condominiums Association is also claiming Krongard is in breach of implied warranty. The claim alleges that the buildings at the time of sale "included and contained an implied warranty of fitness for their intended use as residential condominiums." The claim states that, due to the alleged construction defects, the condominium buildings are not fit for their intended use.

The suit also claims Krongard negligently constructed the condominium buildings. The claim alleges Krongard knew of the soil and water table problems in the area, but built the condominiums anyway.

In response to the claim, Jack Krongard of Krongard Construction (Jask. Inc.) said he purchased the lots the Somerset Meadows Condominiums were built on with the ground already prepared for building.

"I bought finished, ready-to-build, 100 percent complete, engineered construction lots and now as it ends up, their work failed and caused my work to fail," Krongard said.

Somerset Meadows Condominium Association was contacted but declined to comment.

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