Galveston man says home builder violated repair contract

John Suayan, Galveston Bureau Jul. 14, 2010, 4:52am

GALVESTON - A Galveston man claims a home builder failed to repair his hurricane-damaged residence despite both parties signing off on a series of contracts last year, recent court documents say.

Otto Olsen's lawsuit against Fedro Custom Homes Inc. and its owner, Roger A. Fedro Jr., claims that the defendants failed to properly perform post-Hurricane Ike restoration work and botched repairs to the foundation.

The breach of contract suit was filed July 6 in Galveston County Court No. 2.

According to the complaint, Olsen and Fedro entered into a series of contracts during 2009, with the last agreement executed toward the end of the year.

In exchange for approximately $100,000 from the plaintiff, the company agreed to bring the home back to its pre-storm condition, the suit says.

"The selection of that defendant to perform the work was based largely on representations made by defendant Roger Fedro regarding his company's expertise and ability, particularly with regard to the repair of the home's foundation," the original petition says.

"The plaintiff entered into the contract specifically in reliance on those matters, as well as the specific terms of the contract obligating Fedro Homes Inc., to perform the contract in a timely and workmanlike manner and in compliance with local building codes."

Olsen insists Fedro did not uphold the contract, asserting the defendant went against a pre-construction engineering report by "deliberately altering the dimensions and locations of the footings and piers specified by the defendants' engineer."

Fedro also did not secure a city of Galveston building permit, the suit says.

The complaint ultimately argues that the defendants' wrongdoing resulted in the home's structural failure, forcing Olsen "to make arrangements through other providers of engineering and contracting services."

Consequently, the plaintiff seeks unspecified monetary damages.

Attorney Thomas McQuage of Galveston is representing the plaintiff, and the case has been assigned to Galveston County Court No. 2 Judge C.G. "Trey" Dibrell III.

Cause No. 63,253

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