John Suayan, Galveston Bureau Sep. 16, 2013, 4:01pm

GALVESTON - Mariner House Counsel of Co-Owners Inc. alleges Morgan Roofing and Sheetmetal Inc. and Santa Fe local David Morgan failed to complete a project and has initiated legal action.

A lawsuit filed Sept. 12 in Galveston County District Court asserts that the defendants performed some tasks, but after their contract with the claimant was modified, they "never returned."

Mariner House, Morgan Roofing and its namesake proprietor entered into said contract on June 24, 2010, which called for the removal and new construction of carports at the Mariner House Condominiums to the tune of $45,562.

The plaintiff initially paid the respondents $15,187.33, and work commenced the next month.

Court documents show that Morgan removed 22 old posts on the property's east side and replaced them with 22 black steel posts.

Both parties then amended the agreement in August 2010 "to allow black steel posts and add warranty provisions related to black steel at no additional cost to Mariner House."

The respondents reportedly agreed to repair, replace or repaint any posts that showed signs of rust for a ten-year period from the completion date of the project.

According to the original petition, the defendants "never performed the work as outlined in the amendment, and never performed any remaining work as outlined in the contract" following the modifications to the paperwork.

Attorney Cris A. Rasco of the Rasco Law Firm in Texas City is representing Mariner House, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the case.

Case No. 13-CV-1185

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