Unfinished home repairs lead to lawsuit

David Yates Jul. 19, 2007, 7:53am

Jason Cansler

After Hurricane Rita ravaged her home, Sandra Girard hired Gary and Nancy Robbins to repair her property, "paying them a substantial sum" upfront. To this day, the repairs remain unfinished.

Hoping to retrieve some of the money she's lost, Girard filed a breach of contract lawsuit against the Robbinses on July 18 in the Jefferson County District Court.

According to the plaintiff's original petition, Girard hired the pair back in December 2005. After she entered into a contract with the defendants, she paid them a "substantial sum for the repair of her property; the repairs remain incomplete and/or deficient."

In her suit, Girard claims the defendants violated the Texas Deceptive Trade Practices Act by taking advantage of her lack of knowledge, breached their contract and committed law fraud.

Girard is "pleading for recovery under the doctrine of promissory estoppel," a doctrine in which a non contractual promise may be made enforceable to avoid an injustice.

In addition to economic, unliquidated, actual, special and exemplary damages, she is also suing for treble damages. Treble damages are where the judge triples the amount that the jury awarded as a means of punishment.

Girard is demanding a trial by jury and is represented by Jason Cansler, attorney for the Brent Coon & Associates law firm.

Judge Bob Wortham, 58th Judicial District, will preside over the case.

Case No. A179-683

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