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Rollie and Cheryl Beeman aren’t happy with the quality of the manufactured home they bought to replace their Stockton residence destroyed by the August 2007 floods, so they decided to share their dissatisfaction with anyone driving by on U.S. Highway 14 by posting two conspicuous signs.
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The manufactured home of Rollie and Cheryl Beeman of Stockton, Minn., is at the center of a defamation lawsuit brought by Premier Homes of Winona against the Beemans.
(Photo by Melissa Carlo/Winona Daily News) |
“One big lemon,” read one sign featuring a drawing of a large lemon. “Compliments of Premier Homes,” another read.
Premier Homes of Winona, the company that sold the Beemans their manufactured home, doesn’t dispute repairs needed to be made. But the signs, the company says, are out of line.
Premier filed a lawsuit against the Beemans on Aug. 13, seeking $50,000 in damages and attorney’s fees. The company said the signs are false and defamatory, damaging the company’s reputation in the community and causing “permanent and irreparable harm,” according to court documents.
Judge Mary Leahy granted a temporary restraining order against the Beemans on Aug. 21, forcing them to take down the signs pending the lawsuit.
The signs are down now, said Rollie Beeman. He declined to comment further, other than to say his attorney instructed him not to talk to anybody about the case.
The dispute began soon after Premier Homes entered a contract with the Beemans in September 2007 to demolish their flood-damaged home, prepare the lot and place a manufactured home built by Badger Homes on the land using independent contractors, according to the complaint.
The Beemans allegedly broke the contract by hiring their own independent contractors to excavate the site. Premier initially said that was OK and provided proper measurements and instructions to the hired contractors, according to the complaint.
Despite the extra guidance, the contractors “under dug” the site and overcorrected their mistake by making the hole wider and leaving an area of about 15 feet “dug out” under the house, the company alleges. Premier said correcting that mistake cost it an additional $2,500 and delayed the entire project.
The Beemans began “constantly voicing their frustration” about the project, until it was completed in January, the complaint states. In February, the Beemans compiled a list of problems Premier Homes and Badger Homes needed to fix. Technicians were sent to the home Feb. 11 and Feb. 13, and several repairs were made, including door adjustments, trim work on bathtubs, drywall replacement and adjustments to the kitchen drawer tracks.
Later that month, more issues were brought to light by the Beemans, but they refused to schedule times for Premier or Badger workers to fix items still under warranty, the complaint states. The Beemans ordered a team of workers to leave who arrived to close a gap in a concrete wall that was left for heavy equipment to pass through to fix the original mistakes of the independent contractors, according to court documents.
Jerry Foster of Premier Homes wrote a letter to the Beemans in June, voicing his company’s frustration. He suggested to them the hole needed to be sealed “before you have every stray critter in Stockton deciding to live under your home.” But the company “can’t kick your door down and force ourselves on you,” the letter said.
Premier Homes learned about the signs in the Beemans’ yard on July 25 and wrote them a cease-and-desist letter July 29, demanding the signs be removed by Aug. 1. The Beemans complied by removing the “Compliments of Premier Homes” sign, but it was back up after about 24 hours in a “more conspicuous” place visible to passing motorists, according to court papers.
Further court proceedings have been postponed while both sides try to reach a settlement.
Kevin Behr may be reached at (507) 453-3524 or at kbehr@winonadailynews.com.
