SOUTHEAST TEXAS RECORD

A Jefferson County couple wants a tile floor replaced after defective lumber allegedly was installed underneath it.

Edward and Margaret Green filed a lawsuit Aug. 15 in Galveston County District Court against Mark Williams, doing business as MW Home Builders, BlueLinx Corp., a subsidiary of BlueLinx Holdings Inc., and Georgia-Pacific Corp. Emser, doing business as Emser Tile, and Parker Lumber also are named as defendants. 

According to the petition, the Greens hired MW Home Builders to build a home in Galveston County. The contractor allegedly bought DryPly plywood from Parker Lumber, distributed by BlueLinx and made by Georgia-Pacific. The couple says the plywood was used as a sub-floor and Emser tile was installed on top, as is the industry standard.

In September 2012, the Greens say they noticed some of the tiles were popping up from the floor. Attempts allegedly were made to fix the problem but were unsuccessful and the damage continues to worsen.

The Greens allege the plywood was defective and wouldn't allow the tile to bond to it properly. They accuse the defendants of breach of contract and warranty and of violating the Deceptive Trade Practice Act. They ask for more than $1 million in damages for the loss of the use of their home, costs to repair the floor, mental anguish and attorneys' fees. 

Attorney E. Hart Green, of Weller Green Toups & Terrell in Beaumont, represents the homeowners. They request a jury trial.

Galveston County District Court case number: 14-CV-0874

This is a report on a civil lawsuit filed at Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.