TWIA sues contractor for failing to meet windstorm standards

The SE Texas Record Jun. 25, 2015, 12:43pm


By DAVID YATES

The only supplier of windstorm coverage in the state is suing a contractor for failing to build a structure that can actually withstand a windstorm.

The Texas Windstorm Insurance Association filed suit against Gregg Mingle and his business, Wolff Construction Services, on June 24 in Galveston County District Court.

According to the lawsuit, Mingle was contracted to repair/replace carport structures at The Breakers of Galveston Condominiums in 2013.

On April 14, 2014, The Breakers sustained a loss after several of the roof structures on the newly-repaired carports were overturned and displaced by a wind storm passing through Galveston.

“The detached roof structures impacted other carport structures and various automobiles on the property,” the suit states. “The windstorm revealed that Defendant’s work on the carports was performed negligently and not in a workmanlike manner.”

Specifically, the defendant used:

- Improper beam connections to the steel-framing members;

- Improper beam splice locations;

- Improper beam connections to the columns;

- Improper column cap connections;

- Improperly re-used existing columns; and

- Improperly installed “Classic Rib” metal panels.

The suit alleges the defendant used incorrect materials and did not use those materials according to the manufacturer’s specifications. Overall, the carport structures were not repairable or usable as they were inadequately designed and installed.

TWIA alleges the defendant breached his contract and is seeking between $200,000 and $1 million in damages.

Beaumont attorney Anthony Malley III represents the association.

Case No. 15-cv-0637

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