Homeowner claims foundation repairs damaged home

Kelly Holleran Apr. 14, 2010, 9:47am

A Jefferson County woman claims a construction company's error caused her to spend money to fix a plumbing leak and caused damage to her home.

Carolyn Warrick filed a lawsuit April 5 in Jefferson County District Court against Rupert S. Foster Jr. doing business as Eastex Construction Services.

According to the complaint, Warrick owns a home at 255 Linkwood St. in Port Arthur, which experienced foundation damages due to a plumbing leak. After discovering the problems, Warrick hired Eastex to repair her foundation.

In April 2009, she hired Barry's Residential Plumbing to fix the leaking pipe on her property, according to the complaint.

"When the plumbing company tunneled 6 feet under the slab foundation of the home to reach the leak, they discovered the plumbing connection between the washer drain and shower drain had pulled apart, causing the leak," the suit states. "Plaintiff alleges that when her home was raised and leveled by Eastex, the pipe was pulled apart. As a result of the leak, her home has been damaged."

Because of the leak, Warrick's home has a separation of the drain line under the slab, damages to its foundation, exterior and interior structural damages and cosmetic damages to the interior and exterior of the home, the complaint says.

Warrick alleges breach of contract, violations of the Deceptive Trade Practices Act and negligence and negligent misrepresentation against Eastex.

She seeks statutory and exemplary damages, plus pre- and post-judgment interest and other relief the court deems just.

David C. Wenholz of The Wenholz Law Firm in Austin will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-447.

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