Suit says beach house builder overshot property line

Kelly Holleran Oct. 3, 2011, 8:00am

A Jefferson County couple claims their builder failed to obey a contract by building their new home on 25 feet of property that was not theirs.

Robert D. and Jane Fontenot filed a lawsuit Sept. 15 in Jefferson County District Court against Tim Byrom and Brint Construction.

In their complaint, the Fontenots allege on April 23, 2009, they hired the defendants to build their home in Crystal Beach for $382,800.

The Fontenots claim they relied on the defendants to "build the home in accordance with specifications required by the Galveston County Engineering, the General Land Office, the Texas Windstorm Association, and the Federal Emergency Management Association."

However, the defendants failed to obey statutes under the Galveston County Engineering regulations, according to the complaint. They built the house 25 feet over the Fontenot's property line, the suit states.

The Fontenots allege breach of contract, fraud and misrepresentation and violations of the Deceptive Trade Practices Act.

The couple seeks actual and exemplary damages, plus a declaration that the defendants be required to provide them with specific performance of the contract. In addition, they seek pre- and post-judgment interest, court costs, attorney's fees and other relief the court deems just.

Stuart C. Yoes of The Yoes Law Firm in Beaumont will be representing them.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B190-915

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