Couple alleges deceptive trade in suit against flooring company

John Suayan, Galveston Bureau Oct. 29, 2009, 6:19am

GALVESTON - Claiming a Houston flooring business erred with a project and neglected to perform repairs, a Galveston County couple seeks more than $50,000 in damages.

Michael and Lucie Gold's deceptive trade lawsuit against Performance Hardwood Floors Inc. and representative Neal Elden of Katy states the defendants "knowingly and intentionally breached express and implied warranties" in regards to installation work at the plaintiffs' residence.

Court papers, which were filed Oct. 19 in Galveston County District Court, allege co-defendant Elden solicited the Golds for the company's business with promises of guaranteed 100 percent customer satisfaction, fully insured and licensed personnel, and thorough supervision of the project.

"Each of those representations was false, deceptive, and misleading," the original petition says.

The Golds and Performance entered into a contract and work began in December 2008.

Shortly after the installation, the plaintiffs began to have problems with the floors, the suit says.

The Golds explain that they spent months contacting Elden to make repairs, but their request was ignored.

"Elden promised to multiple times to fix the problems, but he never did," the suit says.

It adds an inspection in April "revealed extensive problems with the floor due to installation-related concerns, concluding that those problems are 'due to a lack of expansion space, moldings nailed to the flooring material, and improper sub floor preparations with elevated moisture problems.'"

The plaintiffs say they removed the flooring for safety reasons, insisting they have suffered mental anguish as a result of the defendants' reported misconduct.

Along with monetary damages, the Golds demand a jury trial.

Galveston attorneys John A. Schmidt and David M. Buergler are representing the plaintiffs.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 09CV1959

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