Couple sues roofing contractors for deceptive trade

David Yates Aug. 6, 2008, 6:13am

Mark Sparks

A pair of local residents have filed suit against several contractors who were hired to do roof repairs on their home.

Lothell Gibson and Stephanie Norman filed their lawsuit against contractors Steve Bryan (Bryan Construction) and Bobby Boling Jr. (Texas Roofing Authorities) in Jefferson County District Court on July 31.

Court documents show that on May 23, 2006, the plaintiffs signed a contract with the contractors for home roof repairs and gave them a $3,900 check to purchase replacement tiles.

"Plaintiffs subsequently gave defendants several additional checks, totaling $25,045 to repair plaintiffs' leaking roof," the suit says.

The couple's roof had a three-year warranty and sometime within the warranty period, the roof began leaking again and in more areas than prior to the repairs. However, the contractors refuse to fix the leaks, the plaintiffs allege.

In their suit, Gibson and Norman say they are in the process of having more work done at their own expense "because of the faulty work done by defendants" and will have to spend at least an additional $30,000 to repair the roof and subsequent damage.

"Plaintiffs have tried on numerous occasions to contact defendants about the situation but defendants refuse to return phone calls/and or do anything to remedy the situation," the suit says.

"Further, plaintiffs caught defendant, Bobby Boling, stealing tiles, which plaintiffs had paid defendants for, and which were necessary for properly and adequately repairing plaintiffs' roof, and unloading them at defendant Bobby Boling's home."

The plaintiffs claim the defendants are guilty of violating the Texas Deceptive Trade Practices Act, and are suing them for punitive, actual and economic damages, plus all court costs.

The plaintiffs also accuse the defendants of negligence, fraud, misrepresentation and breach of contract.

They are demanding a trial by jury and are represented by Provost Umphrey attorney Mark Sparks.

The case has been assigned to Judge Gary Sanderson, 60th Judicial District.

Case No. B182-155

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