Beaumont man sues foundation repair company over warranty

By Kelly Holleran | Apr 5, 2010

A Beaumont man claims a Houston company failed to honor its warranty, costing the man at least $14,000 worth of extra costs.

James Wilson filed a lawsuit March 23 in Jefferson County District Court against Olshan Foundation Repair Co.

Wilson claims he entered into a contract with Olshan on Aug. 7, 2001, in which Olshan agreed to re-level Wilson's home at 8550 Newfield for $7,590. According to Wilson's complaint, the contract included a lifetime transferable warranty insuring the work Olshan performed.

When Olshan began working on re-leveling Wilson's home, rain poured from the sky, leaving the ground saturated and causing Olshan's re-leveling efforts to be unsuccessful, the suit states.

"Plaintiff contacted Defendant to honor its warranty, but no effort was made by Defendant to stand behind its warranty," the complaint says. "Plaintiff's house needs $14,000 worth of work to bring the house back into the condition that Olson warranted after the original re-leveling was completed. Defendant has failed to honor its lifetime warranty."

Wilson alleges breach of contract, violations of the Texas Deceptive Trade Practices Act, breach of written warranty and breach of contract for failing to arbitrate.

Wilson seeks a judgment of less than $75,000, plus actual damages, pre- and post-judgment interest at the highest rate allowed by law, costs, attorney's fees and other relief the court deems just.

John Pat Parsons of the Lindsay Law Firm in Beaumont will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-367.

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