Alleged shoddy workmanship leads property owner to sue contractor

David Yates Jun. 26, 2007, 4:32am

Alleged "shoddy workmanship" performed by Fast-Trak Construction has lead Micah Harrison to sue the contractor. Harrison hired the company to repair his Hurricane Rita ravaged property.

Harrison filed his breach of contract suit with the Jefferson County District Court on June 22. Judge Bob Wortham, 58th Judicial District, will preside over the case.

According to the plaintiff's original petition, on Sept. 24, 2005, Hurricane Rita impacted Southeast Texas. "This hurricane caused extensive damage throughout the area and specifically caused damage to plaintiff's (Beaumont home)."

Harrison engaged numerous contractors to place bids for the repair work to his home, the suit said. "After receiving bids from three different contractors, plaintiff notified Wayne Gordy, an employee of defendant, that (the company) would be hired to complete the work on the home. That notification was made by Plaintiff to Defendant during the month of March, 2006."

After three or four weeks of promised start dates, Fast-Trak Construction began work on the home in April of 2006. The Dallas-based company advised Harrison that the project would only take four weeks to complete.

"An agreement was reached between the parties that the first payment would be made when the project was approximately 50 percent complete," the suit said. "Despite defendant's representation that the project would be completed within four weeks of the start date, defendant's construction crew languished on the job throughout the months of April, May, June, July and through the end of August, 2006."

Disappointed by Fast-Track's progress, Harrison hired an independent certified inspector to inspect the project. The inspector scrutinized the property on multiple occasions in August of 2006 and advised Harrison of numerous areas of "shoddy workmanship" and unfinished work, the suit said.

"Due to the shoddy workmanship by the defendant, the project basically had to be restarted," the suit said. "In light of the inspector's report, the misrepresentations of the defendant, and the breach of contract by defendant, plaintiff terminated the contract with defendant and dismissed defendant from the project."

The suit goes on to say Harrison has been forced to spend a significant amount of money to redo the work that the Fast-Trak was contracted to perform. "The defendant's breach of contract has caused the plaintiff significant injury."

The five-count suit faults Fast Trak with breach of contract, fraud, breach of duty of good faith and fair dealing, violating the Texas Deceptive Trade Practices � Consumer Protection Act and breach of express warranty.

"Plaintiff has suffered injury in the form of actual damages, consequential and incidental damages, and attorney's fees," the suit said. "Plaintiff is also entitled to statutory damages of $10,000.00 for this violation in addition to exemplary damages as determined by the court. Plaintiff is also seeking other damages in the form of attorney's fees, court costs, and prejudgment and post-judgment interest.

He is also seeking to recover damages under the DTPA.

Harrison is demanding a trial and is represented by attorney Jason Byrd of the Snider & Byrd law firm.

Fast-Trak Construction, Inc. is a premier general contracting firm based in the Dallas/Fort Worth area specializing in high-rise interior finish, ground-up banks and commercial office/warehouse, religious facilities, retail and professional offices such as dental and medical, and projects at DFW airport, the company's Web site said.

Case No. A179-560

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