Homeowner sues contractor over shoddy home repairs

John Suayan, Galveston Bureau Feb. 16, 2010, 8:11am

GALVESTON - A Dickinson man has filed a deceptive trade practices suit against a Hitchcock construction company, claiming the business failed to perform the work necessary for his home to obtain windstorm insurance.

Timothy Johnson's suit against Jose Bueno, doing business as JB Construction, alleges that in a written agreement the defendant lied about repairing his home to certain standards.

"The plaintiff has learned that the work that was performed did not have the characteristics, uses or benefits which the defendant represented it would have," the original petition says.

"He further learned that the work was of a different standard, quality, or grade than that promised, that the work was not performed in a good and workmanlike manner, and that it failed to comply with express warranties made by the defendant."

The suit was filed Feb. 12 in Galveston County District Court.

Johnson says he paid JB Construction $13,500 to make repairs on his home.

"The plaintiff entered into that contract with the defendant based upon the promises and representations made by him about the work to be performed and the character and quality of that work," the suit states.

It further explains that the defendant did not honor the agreement.

The painting was poorly done and did not match while the roof was incorrectly installed, which would negatively affect the plaintiff's chances of acquiring windstorm insurance, the suit says, adding the alleged actions are a violation of the Texas Deceptive Trade Practices Act.

Johnson insists that he gave JB Construction ample time to rectify the situation, but argues the defendant had failed to do so.

Consequently, the plaintiff sues for undisclosed monetary damages and requests a jury trial.

He is represented by Dickinson attorney Kerry L. Neves.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 10cv0459

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