League City couple sues builder for elevation error

John Suayan, Galveston Bureau Oct. 30, 2008, 5:34am

GALVESTON – A League City couple is claiming the builders of their new $250,000 home erred in determining the house's elevation.

James and Prince Ella Green claim Cervelle Homes Inc. did not build their future residence, located at 2307 Dogwood St. in League City, in accordance to a contract they entered on July 26, 2006.

They are suing the home construction company in Galveston County District Court. The couple accuses the defendant of breach of contract and breach of warranty.

The Greens' suit, which was filed on Oct. 27, says defendant failed to perform its obligations under the contract in that defendant neglected to construct the house in a workmanlike manner and in accordance with the plans and specifications.

Cervelle Homes's alleged failure to meet terms caused errors to be made in:

  • Establishing the elevations of the foundation slab, walks, and patios across the entire rear elevation of the house;
  • Establishing the elevation of the grading of the back yard to achieve proper drainage;
  • Constructing the patios, walks, fences, grading, and landscaping in the rear of the house to achieve proper drainage; and
  • Establishing the grade and constructing the driveway to achieve proper drainage.

    "The construction defects caused by defendants' failure to construct the house according to plans and specifications have caused a substantial decrease in the value of plaintiffs' house," the suit says. "As a direct and proximate result of defendant's breach of implied warranties, plaintiffs sustained extensive direct and consequential damages."

    Although the cause of the damages was not specified in the complaint, many homes in the League City-area sustained flood damage from Hurricane Ike.

    The Greens had to pay more than $5,000 to an outside contractor to repair the drainage around the home, the complaint says

    Consequently, they seek actual and additional damages.

    Galveston attorney Cris A. Rasco is representing the plaintiffs. The case has been assigned to 405th District Judge Wayne Mallia.

    Case No. 08CV1076

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