A construction company is suing over claims it sustained damages when a contractor allegedly failed to properly install an exterior insulation and finishing system.
Morcon Construction Co. Inc. filed a lawsuit Nov. 24, 2014, in Galveston County District Court against Elite Wall Systems, citing breach of contract.
According to the complaint, Morcon entered into a construction contract with CLA Tuscan Lakes for the construction of a Children's Learning Adventure facility in League City, and Morcon retained Elite Wall Systems to install the exterior insulation and finishing system for the project on July 13, 2012. Morcon says it had problems with Elite's work to the extent that it sent Elite a notice of failure to perform and lack of manpower on Dec. 10, 2012, at which point Morcon had already paid Elite the total amount of the contract less retainage, or $199,391.
The complaint states Elite abandoned the project, leaving the exterior insulation and finishing system improperly installed and when it was found it would need to be redone, Elite alleged it could not afford the repair costs. Morcon says it sustained $383,362 in damages for completing the repair and Elite's work. The defendant is accused of breach of contract, negligence and fraud.
Morcon seeks more than $582,754 in damages, interest, court costs and attorney fees. It is represented by attorney Craig H. Clendenin of Cokinos, Bosien and Young in Houston.
Galveston County District Court case number: 14-CV-1240