Nev. couple fights to recover funds paid toward ill-fated project from local company

By John Suayan, Galveston Bureau | Jun 17, 2013

GALVESTON - A Nevada couple is suing a Galveston County-based company over a purportedly failed home construction project, recent court papers say.

In a lawsuit filed June 11 in Galveston County District Court, Tamara and William Hall show American Homestar Corp. refused to refund them.

Instead, the suit says, the money the Halls paid toward a modular home went to the presumed homebuilder with which the defendant contracted, Richard W. Owens.

The plaintiffs entered into an agreement with Owens, who is not a defendant in the litigation, on June 20, 2012, to build the structure in question to the tune of $204,145.

The home was to be the first home owned by the complainants in more than 30 years, the original petition says.

It further explains the Halls then proceeded to pay close to $140,000 over time only for Owens to not peform a single task, especially the completion of the foundation.

Meanwhile, Owens supposedly promised to remit $25,000 back to the plaintiffs to no avail as well as failed to pay an outstanding invoice for the concrete sub-contractor.

According to the Halls, Owens came up with "excuse after excuse" in response to the stalling of the project and the whereabouts of the their payments from October 2012 to last month, when the aforementioned agreement between them was terminated.

The complainants met with the respondent to discuss the project's status and the amounts owed to complete the work.

A demand for the business to credit the Halls nearly $55,000 was not met as the plaintiffs were told to pay $78,394 for the modules, the suit says.

A jury trial is requested.

Attorney Diana L. Hoover of Hoover Kernell LLP of Houston is representing the complainants, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the case.

Case No. 13-CV-776

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