Nearly a year ago Kirk and Michelle Martin paid Bedrock Pools $58,000 to design and build them a first-class pool and porch area. To this date, the job remains unfinished.
The Martins are claiming the company has violated the Texas Deceptive Trade Practices-Consumer Protection Act and filed a suit against Bedrock with the Jefferson County District Court on May 31.
According to the plaintiffs' original petition, the Martins hired Bedrock on July 27, 2006, to "install and landscape a pool, spa, waterfall and pond."
A few months later, the couple amended its contract with Bedrock to "add additional decking surface and to surface an existing porch area," the suit said. "As of April 9, 2007, the work on the pool had not been completed."
The Martins claim the company promised to finish the job within 12 weeks.
The suit goes on to say the Martins have paid the company a total of $58,000 and have had to hire another company to finish the job.
"Furthermore, the carelessness of Bedrock in the failure to complete the project timely constitutes a false and material representation," the suit says. "Defendants left the projectÃ¯Â¿Â½in a dangerous condition.
The three-count suit faults the defendant with deception, breach of contract and negligence.
The couple is suing for actual, consequential, incidental and exemplary damages, plus mental anguish and court costs.
The Martins are represented by attorney Wyatt Snider of the Snider & Byrd law firm.
Judge Bob Wortham, 58th Judicial District, will preside over the case.
Case No. A179-415