John Morgan

A leaky pipe and a moldy closet have led two homeowners to sue the contractor that installed their new heating and cooling system.

Marion Meza and Vivian Gore filed a petition for declaratory judgment against the contractor, Brettco Service Co. and its insurance company, Tudor Insurance Co.

The plaintiffs filed their original petition with the Jefferson County District Court on May 25. Judge Gary Sanderson, 60th Judicial Court has been assigned to the case.

To serve as drainage for the new heating and cooling system, Brettco Services joined a PVC pipe through a cut into cast iron vent pipes coming from the bathroom.

"Unfortunately, defendant did not property seal the PVC pipe to the iron pipe," the plaintiffs' original petition said. "This caused the heating and cooling system's run-off water and moisture to leak out and onto the storage/linen closets."

The system was under a 10-year warranty, and twice in 2004 the defendant came to the plaintiffs' home to repair the pipe, the petition said.

"Although the second repair attempt stopped the (leaking pipe), the water damage that had been caused to the closets gave rise to mold and mildew damage that manifested itself," the suit said. "This mold and mildew damage has made the closets unusable."

The suit says the Brettco Services refuses to repair the damage, and that its insurer, Tudor Insurance, is also liable to pay for the damage because they have a policy with Brettco.

The plaintiffs are suing for around $25,000 in damages and anticipated court costs.

They are represented by attorney John Morgan of the Lindsay & Morgan law firm.

Case No. B179-378

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