David Yates May 3, 2016, 3:11pm


HOUSTON - One of the outfits “Hurricane” Steve Mostyn uses to calculate the damages a storm inflicts upon a client’s property is suing the Houston attorney for breach of contract.

Mostyn
Mostyn

Seeking more than $700,000 in past due invoices, Quinney Holdings, doing business as Loss Solutions, filed suit against Mostyn and his firm on May 2 in Harris County District Court.

For the past 15 years, the Mostyn Law Firm has used Quinney to perform damage calculations and expert services related to the firm’s Hurricane Ike and other property damage cases – approximately 15,000 projects in total, according to the petition.

Mostyn reaped hundreds of millions of dollars in attorney’s fees suing insurers in the wake of Ike, creating a mass-tort model he now employs after every major hailstorm strike within the state.

Beginning in December 2012 and continuing through August 2014, Quinney worked two major projects for Mostyn: Brownsville Independent School District and Harlingen ISD.

Quinney contends Brownsville ISD “was the single largest project” the two “ever worked on together,” as the inspection included 50 school campuses and several hundred buildings.

“As with all of the other cases on which plaintiff was retained as an expert, plaintiff billed defendants on a per square foot basis, which made the total bill for Brownsville ISD $1,391,115,” the suit states.

“Defendants paid plaintiff $778,457 … but to date have refused to pay the remaining balance of $612,658.”

The Harlingen ISD project included five campuses inspected.

“Pursuant to their contract/agreement over a 15 year period, plaintiff again billed defendants on a per square foot basis,” the suit states.

The bill came to $110,231. Mostyn paid $16,786, leaving an unpaid balance of $93,445.

Actual damages for outstanding invoices totals $706,103.

Quinney is also suing for pre and post judgment interest, attorney’s fees and court costs.

The company is represented by Ross A. Sears II, attorney for the Houston law firm Williamson, Sears & Rusnak.

Case No. 2016-28439

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