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SOUTHEAST TEXAS RECORD

Wednesday, April 24, 2024

Customer alleges pool contractor breached contract

Contract 08

HOUSTON — A Houston man is suing a pool installation company, alleging breach of contract in failing to finish an agreed-upon project.

Paul Sarver filed a complaint April 11 in Harris County Circuit Court against Passion Pools LLC, alleging violation of the Deceptive Trade Practices Act (DTPA).

According to the complaint, on Aug. 19, 2016, Sarver executed a contract with Passion Pools for the construction of a swimming pool at his residence, 2105 Morse St. Sarver says he paid the 10 percent initial deposit but after the excavation and pouring of the gunite, no further progress was made on the pool. 

The suit says Sarver had to get a new contractor to finish the construction and terminated the old pool contract with no response from Passion Pools. As a result, Sarver says he suffered mental anguish and additional costs of more than &63.000 to finish the pool construction. 

The plaintiff alleges Passion Pools failed to complete the project that it was contracted for in a reasonable amount of time, failed to appear at the job site as required, failed to provide an accounting for materials purchased and failed to direct subcontractors in a reasonable manner.

Sarver seeks trial by jury, monetary relief between $200,000 and $1 million, with pre- and post-judgment interest, court costs, attorney fees and all equitable relief. He is represented by attorney Barry M. Hammond Jr. of Houston.

Harris County Circuit Court Case number 2017-24412

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