Non-profit’s suit over water damage continued

By David Yates | Aug 5, 2013

Needing more time for discovery if mediations negotiations fail, A nonprofit organization claiming it was forced to replace portions of its facility after moisture invaded the space recently had its case continued, again.

As previously reported, Garth House-Mickey Mehaffy Children’s Advocacy Program filed a lawsuit Dec. 22, 2011, in Jefferson County District Court against Basco Construction.

Court records show that on Oct. 2 the partied filed a joint motion for continuance, stating that the parties still need to take depositions that may be relevant to settlement proceedings.

Judge Bob Wortham, 58th District Court, granted the motion on Oct. 11, bumping the case from his February 2013 docket and placing it on his July docket, court papers say.

However, on Dec. 6 an amended order was entered in the case, placing the litigation on the court’s August trial docket.

On June 7 the parties filed a joint motion for continuance stating that discovery is still proceeding and more time for discovery will be needed if mediation negotiations fail.

Judge Wortham granted the motion that same day and bumped the case to his October 2013 trial docket.

Garth House claims it hired Basco to renovate its facility on McFaddin Street in Beaumont, the suit states.

Following Basco’s renovation, in June 2010, employees of the Garth House began to notice cracked tile floors in the building, the suit states. Construction workers tore apart the floor to find it had been damaged by moisture, the complaint says.

Garth House then claims it hired experts to inspect the building. According to the complaint, they found that Basco had failed to properly install windows, failed to properly install a moisture barrier in the walls and failed to install the plywood subflooring and the subfloor ventilation system.

Since then, the building has been repaired by other contractors, the suit states.

In its suit, Garth House alleges negligence, breach of contract and breach of warranty against Basco.

It seeks actual and consequential damages, attorney’s fees, pre- and post-judgment interest and other relief the court deems just.

Houston attorney R. Kelly Donaldson represents it.

Case No. A191-561

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