Galveston woman sues contractors over storm repairs

John Suayan, Galveston Bureau Oct. 15, 2009, 9:50am

GALVESTON - A Galveston woman claims two Harris County contractors she hired to repair her storm-damaged residence back in June swindled her out of more than $20,000.

Martha Del Bosque's breach of contract lawsuit against Juan Rodrigues and Jose Armendo Moreno alleges the defendants each "gave false representations and promises in order to take advantage of the plaintiff and acquire money from her to her advantage."

"Del Bosque hired the defendants to repair her house, and it is an implied term of such in a contract that the defendants would perform the construction, be properly insured and bonded, and comply with all applicable ordinances, codes, statuses, and regulations governing the repairing of houses," the original petition says.

The case was filed Oct. 12 in Galveston County District Court.

Del Bosque originally entered into an agreement with defendant Rodrigues, who is doing business as E.F.R. Construction Inc., on June 15 to perform construction work on her house on the city's West End, the suit says.

Among the required tasks included raising the structure by two feet, reconstructing several rooms in the risen area, overhauling the electrical system and replacing the air conditioning system.

The suit shows the plaintiff agreed to pay the defendant a total of $56,000 and has paid $53,500 to date to perform those repairs.

Del Bosque argues Rodrigues did a majority of the said repairs in an insufficient matter and failed to replace the flooring and the air conditioning.

"Those two items were never done nor was her money reimbursed," the suit says.

Del Bosque also tabbed defendant Moreno, whose work alone reportedly cost $16,000.

"Those expenses would not have been necessary if the defendants had purchased the materials and performed the work in a good workmanlike manner," the suit says.

"Allowing the defendants to retain the money he was paid by Martha Del Bosque would be unjust."

In addition to the funds she accuses the defendants of stealing, Del Bosque seeks other unspecified monetary damages.

Galveston attorney Billy A. Williams Jr. is representing the plaintiff, and the case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 09CV1882

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