A construction company hired to repair the roofs of three apartment complexes following Hurricane Rita failed to bring the roofs up to the windstorm code, leaving the Spansih Villa, Prutzman Place, and McFaddin North Apartments in bad shape with hurricane season just around the corner.

The property management company MJ3, LTD. is suing the Trans Texas Construction Co., claiming the contractor breached its $206,348 contract by failing to install the roofs properly and bring them within code. As a result, the apartments will be without insurance during hurricane season.

The plaintiff filed its petition with the Jefferson County District Court on May 16. Court assignment is pending.

"The plaintiff's ability to maintain windstorm and hail coverage through the Texas Windstorm Insurance Association will be lost because the roofs were not installed properly," the suit said.

MJ3 hired Trans Texas back in October 2005. A representative of the Texas Department of Insurance inspected the three roofs on March 8, 2007, the suit said. The insurance representative determined the roofs were not within the windstorm code, leaving the three apartments figuratively -- and maybe even literally -- up the creek without a paddle.

The four count suit faults Trans Texas with breach of contract, breach of express warranty, breach of express workmanship warranty and breach of implied warranty of good and workmanlike performance.

A copy of the contract attached to the suit does state the roofs are under a three year warranty.

The plaintiff is suing the defendant for attorney fees and actual damages, which consists of the amount to repair the Spanish Villa, Prutzman and McFaddin North Apartment roofs.

MJ3 is represented by Steven Toups of the Weller, Green, Toups & Terrell law firm.

Case No. B179-316

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