Santa Fe man blames contractor for non-compliance
GALVESTON – A Santa Fe man blames a number of construction businesses for work on his residence which resulted in non-compliance with a city ordinance, recent court documents say.
James Little's lawsuit against Hardie Boys LLC; James Hardie Building Products; Quality Smith Inc. and Doroteo Construction claims the companies performed work not in accordance with the Texas Building Codes, adding Little was consequently not able to obtain a WPI-8 certificate.
The original petition was filed Jan. 7 in Galveston County District Court.
According to the suit, Little completed an online application with Quality Smith in January 2009 to have a local contractor make necessary repairs to the siding and soffit at his house. Quality Smith sent Hardie Boys, assuring the plaintiff that the company was familiar with all local building codes and ordinances.
The three parties agreed that Little was to pay Hardie Boys a total of $21,473 for their services. Little paid half down and paid the remaining balance in March 2009.
James Hardie and Doroteo were later brought in to help with the purchase and installation of the siding.
Little says that the task was erroneous since the nails used on the entire house to install the siding did not meet the Texas Windstorm Code and a WPI-8 certificate could not be issued be issued. The lack of a certificate rendered the place uninsurable, he asserts.
Santa Fe residents are to pay a daily $2,000 fine for an edifice without an up-to-date WPI-8 certificate.
The plaintiff insists he had to pay more than $10,000 to other contractors to have the work which the defendants allegedly underperformed redone.
Consequently, Little seeks to unspecified monetary damages.
He is represented by attorney Meghann L. Smith of Houston.
The case has been assigned to Galveston County 10th District Court Judge David Garner.
Case No. 11-cv-0023