Suit says paperwork error led to new roof

John Suayan, Galveston Bureau May 7, 2012, 6:13pm

GALVESTON - Galveston County residents Carl and Kay Howard allege Freeport resident Rene Damian mishandled the required paperwork to get their roof certified and insured.

A lawsuit filed May 1 in Galveston County District Court shows Damian, doing business as Damian & Associates Inc., promised the Howards that he would follow through on the documentation for their Friendswood residence only to no avail.

The plaintiffs purchased the subject property on March 28, 2011.

They learned shortly after the closing that the home's windstorm insurance coverage faced cancellation because of Damian's supposed failure to submit his inspection report to the Texas Windstorm Insurance Association, the original petition says.

Court papers state that the roof sustained damage during Hurricane Ike in early September 2008 and the previous owner had windstorm coverage as well as ordered for the installation of a new roof.

The suit further explains that the defendant, who was presumably approved by the TWIA to perform windstorm inspections of roofs, prepared and signed applications for a certificate of compliance and inspection verification, but did not filed them with the state.

The couple adds Carl Howard continuously attempted to reach Damian, who eventually promised to "take care of the situation," but "time passed and no action was taken."

According to the plaintiffs, the defendant informed them that the windstorm association "would not accept his paperwork" and subsequently referred them to licensed engineer Tom Allen.

Allen's inspection on July 22, 2011, "found numerous defects and deficiencies that resulted in the roof being disapproved," the suit says.

The Howards say a new roof was installed to the tune of $12,418 since the old one could not be repaired.

A jury trial is requested.

Attorney Kenneth D. McConnico of Houston is representing the plaintiffs, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 12-cv-1153

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