A Galveston County woman is suing over claims the tile in the home she had custom built was improperly installed.
Doris Chimera filed a lawsuit Oct. 16 in Galveston County District Court against D.R. Horton, Inc., citing breach of contract.
According to the complaint, Chimera contracted Emerald Homes in 2004 to construct a custom home on Port Rose Lane in League City, and during the construction process Emerald merged with Horton, which continued the construction. Chimera says she purchased and moved into the home shortly after November 2004, but in the summer of 2013, she noticed the tile and grout in the kitchen, laundry room and other rooms began to crack, pitch and come detached from the underlying subfloor.
The complaint states Chimera notified Horton but was denied any warranty protection, and through an inspection by her insurance company as well as with an independent contractor, it has been determined the problem is due to the tiles being improperly bonded to the slab when they were installed.
The lawsuit states Chimera sent a demand for repair to Horton on Aug. 18 but nothing has come of the discussions. Chimera says, to date, a large number of tiles in the home have been destroyed or become dislodged from the slab beneath them. Horton is accused of breach of contract, negligence/gross negligence, negligent misrepresentation, negligent hiring, retention and supervision, breach of the express warranty of services, breach of the implied warranty of services and violating the Texas Deceptive Trade Practices Act.
Chimera seeks actual and exemplary damages, interest, attorney fees, and costs of court. She is represented by attornies John J. Patout Jr., Travis L. Shaw and Martin C. Law of Patout and Shaw in Stafford.
Galveston County District Court case number: 14-CV-1100