Condo owners sue building framer for not completing job

GALVESTON � A Galveston homeowners' association has filed suit against a Plano framer for breach of contract and negligence.

Maravilla Owners Association Inc. claims Mark Rotella "repeatedly failed to provide sufficient manpower" over the course of a project, a lawsuit filed March 31 in Galveston County Court at Law No. 2 says.

The plaintiff hired Rotella to provide framing for Maravilla Resort Condominiums, which was destroyed by a four-alarm fire the afternoon of June 3, 2009.

According to the original petition, the homeowners' association requested the defendant to amass an appropriate number of laborers "to perform the work in a good and workmanlike manner and in accordance with Maravilla's project schedule."

It alleges Rotella, however, did not follow through and was even coerced to no avail.

"After numerous warnings, significant delays and additional costs, Maravilla was left with no choice but to supplement the defendant's workforce with additional workers at Maravilla's expense," the suit says.

"The defendant eventually abandoned the project."

The plaintiff asserts that Rotella demanded payment for the framing.

"The defendant violated a statute of the Texas Civil Practice and Remedies Code by filing a lien against Maravilla's property that the defendant knew to be fraudulent and in violation of (the) Texas Property Code with intent to cause Maravilla financial injury," the suit says.

Consequently, the homeowner association sues for attorney's fees and exemplary damages.

It is represented by attorney Cris A. Rasco of Texas City.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 64,998