Contractor splits before job is finished, homeowner sues

David Yates Jun. 12, 2007, 11:00am

Sandra Hinson hopes to extract around $50,000 from the contractor who she hired to repair her home following Hurricane Rita. Hinson claims she paid Jesus Delacruz up front, and that he split before finishing the job.

She filed her breach of contract lawsuit against Delacruz and his business, Delacruz Roofing & Tile, with the Jefferson County Court at Law No. 1 on May 23. Judge Alfred Gerson will preside over the case.

According to Hinson's original petition, Delacruz represented himself as a licensed and bonded home repair contractor, assuring her he would provide high quality repairs at an affordable price and that the work would be covered by warranty.

"Defendant's statements were false," the suit said. "Based on these assurances, plaintiff and defendant entered into an agreement for defendant to repair her home, including the foundation."

The suit goes on to say Hinson purchased the materials needed for the job and paid the Delacruz for his labor. "Defendant began the repair work but then abandoned the job. The abandoned work was of little or no significant vale. Plaintiff's attempts to enforce the agreement were unsuccessful."

The suit faults the defendant with breaching its contract with Hinson. "Delacruz is guilty of fraud�he made (false) material representations."

Hinson is suing for exemplary damages, plus interest and court costs.

She is represented by attorney Robert Wharton of Lone Star Legal Aid.

Case No. 108245

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