John Suayan, Galveston Bureau Sep. 30, 2013, 2:34pm

GALVESTON - A local condominium association has taken a contractor to court, claiming the latter installed improper windows on each of its buildings.

Mariner House Counsel of Co-Owners Inc. filed a lawsuit against Galveston resident Felipe Gutierrez, doing business as Gutierrez Home Remodeling and New Construction, in Galveston County District Court on Sept. 26.

Court papers allege the aforementioned windows prevented Mariner House from obtaining windstorm certification.

Both parties had an agreement dating back to late 2011 which called for Gutierrez and his namesake business to remove all existing aluminum windows and replace them with Showcase brand impact-resistant vinyl windows on all three levels of 12 buildings and two washrooms for a total of 290 windows.

The new windows were to meet all city of Galveston regulations as well as pave the way to securing windstorm certification.

According to the original petition, the defendants put up windows that lacked the necessary DP-60 rating.

"The representations of the defendants regarding the windows was fraudulent," the suit says.

Consequently, Mariner House seeks unspecified monetary damages.

It is represented by attorney Cris A. Rasco of the Rasco Law Firm in Texas City.

The case has been assigned to Galveston County 405th District Court Judge Michelle Slaughter.

Case No. 13-CV-1240

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