HOUSTON — A Rosenberg couple is suing a Houston swimming pool construction business, alleging breach of contract and fraud for failure to complete work after a payment had been made.

Terri Clark and Tim Clark filed a complaint March 24 in Harris County Circuit Court against Lanikai Pools and Outdoor Living and Alfred B. Duponte, alleging they failed their duty to comply with the contract agreed to by both parties.

According to the complaint, on Jan. 23, 2016, the Clarks entered into a written contract with the defendants for the construction of a swimming pool at their Rosenberg residence. The plaintiffs allege the pool remained unfinished after they have paid $41,701 on July 2016.

The suit says the Clarks had no choice but to hire a different contractor to finish the pool that caused them more than $13,000 to complete the job. The plaintiffs allege the defendants failed to complete the swimming pool in accordance with the contract's specifications and within a reasonable amount of time.

The Clarks seek trial by jury, monetary relief of up to $75,000, costs of court and all equitable relief. They are represented by attorneys Michelle I. Ramirez and Benjamin B. Doherty of Brock Person Guerra Reyna PC in San Antonio, and by Rudy Vasquez of The Law Offices of Rudy G. Vasquez in Houston.

Harris County Circuit Court Case number 2017-20233

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Harris County District Court
1201 Franklin Street
Houston, TX 77002

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