GALVESTON -- A Friendswood couple is suing a contractor and individual staffers, alleging breach of contract for a botched pool construction project.
Mary Alice Jones and George Jones filed a lawsuit Sept. 22 in Galveston County District Court against Larry D. Adams, Marie Edel Fraivillig-Adams, Amanda Martin, Bay Area Design and Landscape and Azteca Gunite Co.
According to the complaint, on June 21, 2013, the Jonses contracted with Adams and Fraivillig-Adams to design and construct a pool, retaining wall, hardscape and landscape in their back yard at 513 Hunters Creek Lane, Friendswood. Azteca was retained by Bay Area Design and Landscape and the other two defendants to do additional work, the suit says.
Shortly after the pool was completed Sept. 30, 2013, the lawsuit states, the plaintiffs began to notice problems and, after several attempts to fix the pool, it continued to show signs of failure.
The plaintiffs allege the defendants violated the Texas Residential Construction Liability Act, breached their contract, failed to exercise ordinary care in performing their duties, breached an implied warranty, and violated the Texas Deceptive Trade Practices Act. The suit says the plaintiffs have suffered actual damage to their property as well as mental anguish and exemplary damages.
Mary Alice and George Jones seek a fair amount, other damages and additional costs billed by the defendants, statutory damages, attorney fees and a jury trial. They are represented by attorneys Darrell A. Apfell, S. Benjamin Shabot and Lauren Arisco, of Bettison, Doyle, Apffell & Guarino PC in League City.
Galveston County District Court Case number 15-CV-1012