Residents claim roof improperly installed

GALVESTON - Galveston County residents Malcolm and Mary Phillips are suing Brinkmann Roofing & Sheetmetal Co. and Kustom Kastles Estate Homes after discovering problems with their Friendswood home.

Court papers filed Sept. 6 in Galveston County District Court state Brinkmann and Kustom Kastles are responsible for several defects found in the Phillips' residence.

According to the original complaint, the Phillips purchased the house built by Kustom Kastles in July 2003.

The plaintiffs claim they discovered various construction problems in the home where the roof line and second story wall intersect, which created a "dead valley", the original petition says. The Phillips state they learned that the roof was improperly installed and inadequate flashing was used throughout the roof system.

"As a result of these defects, rain water was allowed to collect in the 'dead valley' and other areas of the roof system, preventing rain water to drain from the roof," the suit says.

"Over time, as rain water pooled, the metal flashing and other components rusted and allowed water to penetrate into the walls of the home."

The plaintiffs insist "the trapped water and moisture within the walls has caused considerable damage to the wall studs, plywood, drywall and cabinets."

"Moreover, there is significant mold growth that has accumulated due to the moist environment created by the defects," the suit says.

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

They are represented by Gilman Allison LLP.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1419