蜜芽传媒

ST. LOUIS COUNTY 鈥� A judge has allowed a Chesterfield contractor to pursue legal action against the customers of McBride Homes in order to recoup money the contractor alleges the homebuilder never paid.

McBride had asked the court to stop the Builder鈥檚 Bloc construction company from filing liens against McBride homeowners while the two companies continue to fight in court.

But Judge Richard Stewart , saying the homebuilder鈥檚 argument didn鈥檛 meet the merits of such an action.

Builder鈥檚 Bloc has already filed dozens of liens against homeowners and properties still owned by McBride, court records show.

The ruling in 蜜芽传媒 County Circuit Court foreshadows a potentially protracted legal fight between McBride and Builder鈥檚 Bloc over allegations of retaliation, fraud and unpaid debt that ultimately could leave hundreds of customers on the hook for thousands of dollars each.

McBride acknowledged the setback Friday, but said the company is still optimistic it will win the case.

鈥淭his ruling is just one aspect of the much larger claims that McBride has against Builder鈥檚 Bloc,鈥� the homebuilder said in a statement. 鈥淲e are very confident the facts and truth will prevail in this case. Builder鈥檚 Bloc鈥檚 tactics show the true nature of their leadership and decisionmakers.鈥�

An attorney for Builder鈥檚 Bloc praised the decision, calling McBride鈥檚 attempt to block the liens a violation of the contractor鈥檚 rights.

鈥淛udge Stewart got it exactly right. He recognized that the people who work hard every day in the heat of summer and the depths of winter to build homes and make life better for people in the 蜜芽传媒 community have a right to be paid for their work and to the full protection of the law,鈥� Stephen Miller, an attorney for Builder鈥檚 Bloc, said in a statement.

Builder鈥檚 Bloc and McBride, one of the largest homebuilders in the region, built subdivisions across the region together for years.

But the relationship soured and McBride fired Builder鈥檚 Bloc earlier this year. The homebuilder sued Builder鈥檚 Bloc first, alleging the contractor cost it $13 million due to years of delays and prioritizing other work.

The companies were slated to handle their dispute in arbitration before McBride in April sued in circuit court. Last month, an arbitrator ruled that the first case, filed by McBride, has to proceed in arbitration instead of the courts.

Meanwhile, Builder鈥檚 Bloc filed lawsuits alleging McBride fraudulently filed dozens of false real estate sale notices over the past year in St. Charles, Jefferson and Franklin counties. Builder鈥檚 Bloc claims the filings were part of an effort by McBride to stiff the contractor of over $10 million for unpaid work.

Builder鈥檚 Bloc alleges McBride filed the sale notices with closing sale dates that the builder either didn鈥檛 share with the contractor or were different than the dates McBride provided to Builder鈥檚 Bloc.

Notices of sale impact the amount of time Builder鈥檚 Bloc would legally have to file liens to seek payment.

If a judge rules in the contractor鈥檚 favor regarding those records, it could stick hundreds of homeowners with the debts.

McBride has said it will take 鈥渁ll necessary steps鈥� to protect homeowners.

In the decision made Thursday, Judge Stewart ruled that McBride didn鈥檛 prove a temporary restraining order would be in the public鈥檚 interest or that the company would be harmed without one. It also would deprive the contractor of its rights to file liens.

He further ruled that it couldn鈥檛 yet be determined whether McBride would succeed, another key determinant for such an order, in showing it filed valid notices of sale.