Settlement reached in lawsuit involving HGTV stars' companies: court records
Jan 26, 2025
BENTONVILLE, Ark. (KNWA/KFTA) — A settlement has been reached in the lawsuit involving the couple behind HGTV's "Fixer to Fabulous." just days before the parties were set to go to trial.
Matthew and Sarah McGrath filed a lawsuit in February 2023, claiming a house built for them a year earlier had numerous defects and that the companies that built the home had breached a contract.
The defendants in the case were Jupiter Rentals and Marrs Construction, both owned by Dave Marrs. Marrs hosts the HGTV show, "Fixer to Fabulous," alongside his wife, Jenny.
The McGraths claimed they paid over $10,000 for upgrades on a Bella Vista, Arkansas, home, including replacing the kitchen sink, adding stairs and a handrail to the back deck, putting windows in a top garage panel, and continuing hardwood floors into bedrooms.
According to the lawsuit, both of Marrs' companies worked on the home in 2022. The McGraths alleged that they later realized the home had multiple problems, including a “critical safety issue” with the home’s deck. The plaintiffs also later learned their septic system was installed incorrectly and had to hire a company to diagnose and repair that problem.
The Marrs claimed the companies made an effort to do the repairs but said the McGraths would not allow it.
After multiple failed attempts at court-ordered mediation, the parties were unable to reach a settlement. A filing in October 2023 by the plaintiffs said one attempt “failed utterly.”
In June, it was revealed in court documents that the lawsuit could face delays after the McGraths claimed in a filing that due to the tornadoes that ripped through Benton County on Memorial Day weekend, which left numerous businesses and homes affected, contractors “[would] be unusually busy for the next few weeks to come.”
A motion for extension was filed on June 4 by the plaintiffs asking that the discovery deadline set for June 24 be pushed back. The judge granted that extension and the deadline was moved to July 8.
After the extension was granted, the plaintiffs asked for the trial to be pushed back.
Despite disagreement from the defendants, the trial was pushed back from the original Sept. 23, 2024, start date to Jan. 27, 2025. A pre-trial hearing was also set for Jan. 14, 2025.
A filing by the McGraths’ lawyer, Tim Watson, dated Nov. 27, said the HGTV stars failed to provide anyone who could give expert testimony to contradict the opinions of the structural engineer and several licensed contractors. Watson said the time for the defendant to name someone has passed the court’s scheduling order as of Oct. 29.
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“For that reason, Marrs is unable to meet the Plaintiffs’ proof of code violations and violationsof standard industry practice, and cannot withstand partial summary judgment,” Watson wrote.
Three days before the two parties were set to go trial, a settlement was reached according to a court filing.
The following statement was included in the filing:
"Come now plaintiffs, Matthew and Sarah McGrath, and defendants, Marrs Construction, Inc. and Jupiter Rentals, LLC, by and through their respective attorneys, and stipulate that all pending claims which are now or may be asserted by any party have been fully compromised by settlement, and upon consummation of settlement, the pending claims in the above-styled lawsuit will be dismissed with prejudice."
Neither couple responded to requests for comment from Nexstar's KNWA. Details about the settlement were not immediately available.
The Marrs were sued in 2021 by a separate Arkansas couple claiming Marrs Construction failed to complete the work on their home without defects.
The case was dismissed in March 2022 with an order from Judge Xollie Duncan stating, “The court finds that the plaintiffs have settled their claims and fully released the defendants from any and all claims the plaintiffs may have against them.”