Galveston woman claims contractor failed to follow city codes

John Suayan, Galveston Bureau Jul. 21, 2010, 7:18am

GALVESTON - A Galveston woman has filed suit against a local construction company after it failed to perform repairs on her storm-damaged home.

Ruth Lelsz claims she paid Phillip Hodges, doing business as Hodges Construction, approximately $98,000 in February 2009 to do restoration work on her 1,035-square foot residence, which was damaged as a result of Hurricane Ike.

The suit was filed July 9 in Galveston County District Court.

Lelsz claims Hodges violated their agreement when the defendant did not obtain a city of Galveston building permit, failed to make certain important installations and neglected to adhere to an inspection from the city.

Hodges reportedly filed a lien on the property in December 2009.

"The defendant has intentionally and wrongfully filed a lien on the plaintiff's property that interferes with the plaintiff's title that, although appearing valid on its face, is in fact invalid and of no force or effect," the original petition says.

"The plaintiff would show that the defendant had no authority, actual or implied, to encumber the plaintiff's property."

Lelsz, who is represented by Martin, Garza & Fisher LLP, seeks unspecified monetary damages.

The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 10-cv-1883

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