$120K judgment levied against Trans Texas Construction for faulty roof repairs

David Yates Aug. 26, 2008, 7:26am

McFaddin North Apartments

Trans Texas Construction Co. has been ordered to pay MJ3 Ltd. nearly $120,000 in damages for faulty roof repair to MJ3's three apartment complexes, which were damaged when Hurricane Rita ripped through Southeast Texas.

In May 2007, The Record reported on a breach of contract suit that alleged Trans Texas Construction, which was hired to repair the roofs of three apartment complexes following Rita, failed to bring the roofs up to the windstorm code, leaving the Spanish Villa, Prutzman Place and McFaddin North Apartments uninsured.

The property management company, MJ3, sued Trans Texas Construction, claiming the contractor breached its $206,348 contract by failing to install the roofs properly and bring them within code. As a result, the apartments were without insurance during the 2007 hurricane season.

On Aug. 25, Judge Gary Sanderson of the 60th Judicial District ordered Trans Texas Construction to pay $111,325 in past damages, $7,060 in interest and $12,640 in attorney's fees.


MJ3 hired Trans Texas back in October 2005. A representative of the Texas Department of Insurance inspected the three roofs on March 8, 2007, the suit said.

The Department of Insurance representative determined the roofs were not within the windstorm code, leaving the three apartments figuratively -- and possibly even literally -- up the creek without a paddle.

The four-count lawsuit faulted Trans Texas with breach of contract, breach of express warranty, breach of express workmanship warranty and breach of implied warranty of good and workmanlike performance.

A copy of the contract attached to the suit stated the roofs are under a three-year warranty.

MJ3 was represented by Steven Toups of the Weller, Green, Toups & Terrell law firm.

Case No. B179-316

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