Jamaica Beach local accuses builders of avoiding making repairs to floors 'at all costs'

John Suayan, Galveston Bureau Aug. 19, 2013, 7:17pm

GALVESTON - A Jamaica Beach man claims he spent nearly $200,000 on a rebuilding project at his residence that purportedly damaged his floors, recent court papers say.

Gary Giroski is suing DFW Texas Builders Inc. and Galveston local Herbert Petticord Jr. in Galveston County Court at Law No. 3.

The lawsuit, filed Aug. 12, explains that Giroski hired the defendants for the subject project - which included demolishing "everything but the floor structure and existing exterior walls" - to which the latter expressed that "they would meet his expectations."

The home was rebuilt, but when the plaintiff moved back in, he discovered problems with the tile flooring and subsequently relayed the problem to the respondents, who reportedly "agreed the flooring was faulty and promised the floors would be fixed," according to the original petition.

Giroski asserts that attempts to repair the flooring were "avoided and delayed" until at least October 2012 when defendant Petticord personally replaced the flooring in the master bath and "promised the rest of the flooring in the house would be replaced after Christmas."

"After the first of the year, the plaintiff continuously attempted to contact the defendants," the suit says.

"The defendants avoided the plaintiffs at all costs."

It further recalls an incident which a "frustrated and distressed" Giroski visited the defendants to demand that they fulfill their obligations only for Petticord to order the complainant "off his property."

Giroski hired an inspector whose report determined that installation was the cause of the flooring problems.

"Most notably, the installer allowed the thin set to dry before putting down the tile," the suit says.

"Nothing is holding the tile to floor, and the tile only is held together by grout."

Attorney David Buergler of Ramzey Zein-Eldin & Assoc. in Galveston is representing the plaintiff, and Galveston County Court-at-Law No. 3 Judge Kerri Foley is presiding over the litigation.

Cause No. 70,463

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