Suit claims home builder failed to construct Crystal Beach garage

GALVESTON - Crystal Beach locals Ed and Helle White have filed suit against KWT Homes LLC and its agent Willis Turner, claiming they did not finish certain projects at their residence. 

A lawsuit filed Oct. 12 in Galveston County Court at Law No. 3 alleges the defendants "have failed and refused" to build a garage as specified in a settlement agreement between them and the Whites.

Court papers show KWT and Turner were originally hired in March 2011 to construct a home for the complainants, and after the work began, the parties came into a disagreement over the installation of a lift.

The apparent dispute caused the Whites to withhold a payment of $5,743.27, but they and the respondents reached the aforementioned settlement agreement in early October 2011.

Under the agreement, KWT agreed to remove the lift mechanism for which the plaintiffs were entitled to a credit of $7,800.

It also agreed to turn the space occupied by the lift into a storage area as well as promised to build the garage that is the focus of the litigation.

According to the suit, the Whites paid the defendants to get the tasks done but did not see the results, accusing the defendants of committing breach of contract and deceptive trade practices.

A jury trial is requested.

Attorney Joe A.C. Fulcher with Greer, Herz & Adams L.L.P. in League City is representing the Whites.

Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 68,492