PA couple claims stucco siding damaged home's structure

Kelly Holleran Dec. 16, 2008, 6:12am

A Port Arthur couple has filed suit against Bill Lindsey Construction Co. Inc., alleging the company improperly placed stucco on the exterior of the couple's home, resulting in possible structural damage.

Danny and Joy Williams discovered cracks in the coating applied to the outside walls of their new home which caused water and moisture intrusion, according to the complaint filed Dec. 11 in Jefferson County District Court.

All of the Williams' requests for Bill Lindsey Construction, the company that applied the coating, to look into the situation have been to no avail, the suit states.

Because of the water and moisture intrusion, the structural integrity of the Williams' new house is in jeopardy, they claim.

"In addition, the water intrusion and entrapment of moisture in turn will likely lead to mold in the substrate of plaintiffs' home," the suit states.

The Williams will also incur damage to landscaping surrounding their home, according to the complaint.

The Williams suffered property damage including expenses incurred in the inspection of the structure to determine the existence of water intrusion damage, expenses incurred for microbiological inspection of the structure for contamination by molds and toxic molds, expenses to be incurred for the removing and disposing of the defective exterior wall and expenses for mold clean-up, the suit states.

They also incurred expenses related to hygiene monitoring to ensure molds do not exceed safe levels, suffered a diminution in value of their home and stigma damages, incurred living expenses while their home is being repaired and mental anguish, they claim.

Bill Lindsey Construction breached its contract, made misrepresentations and made fraudulent misrepresentations, the Williams allege.

The company also violated the Deceptive Trade Practices Act by breaching certain express and implied warranties, causing confusion or misunderstanding, representing that goods or services have qualities they do not have, representing that goods or services are of a particular standard when they are of another and failing to disclose information concerning services, according to the complaint.

Bill Lindsey Construction was negligent by failing to provide any means for draining or venting the walls, by failing to properly caulk the windows and exterior trim, by failing to install flashing, by failing to provide any means whereby water could drain out from behind the coating, by failing to properly install the stucco, by failing to properly supervise the installation of the coating, flashing and caulking around the doors, windows and roof and by failing to properly investigate the coating, the suit states.

The company also negligently failed to include expansion joints needed at the second level and third level floor line, failed to properly caulk or seal, failed to use back rod, failed to leave the proper clearance distance between the roofline and the coating, failed to properly wrap the EIFS (the coating) where it abuts to dissimilar materials, failed to perform in a good and workmanlike manner the application and installation of materials to the Williams' home, failed to properly select, train and supervise its employees to ensure all work was performed in a good, workmanlike manner and failed to comply with applicable building codes, the Williams claim.

In addition, the company was negligent by failing to seal the exterior of the house adequately where the EIFS met the windows, doors and other openings, by failing to properly caulk at window joints and miters and around the soffit, frieze and fascia boards, by failing to terminate EIFS above grade, by failing to install adequate kick-out, deck, porch and column flashings, by failing to adequately seal around drain and spout fasteners and by failing to follow the manufacturer's application specifications, according to the complaint.

The Williams are seeking actual damages, exemplary damages, attorney's fees, costs, prejudgment and post-judgment interest at the highest legal rate and other relief to which they are entitled.

Lance P. Bradley of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing them.

The case has been assigned to Judge Bob Wortham of the 58th District Court.

Case No. A182-855

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