Homeowner sues over construction defects

By Philip Gonzales | Apr 3, 2017

GALVESTON — A homeowner is suing Lennar Homes of Texas Land and Construction Ltd. and Lennar Homes of Texas Sales and Marketing Ltd., alleging a breach of the implied warranty stemming from construction defects in the home she purchased.

Kara Whiteley filed a complaint on March 1, in the Galveston County District Court against the defendants, alleging that they failed to comply with the Texas Residential Construction Liability Act.

According to the complaint, the plaintiff purchased her home from Cody Isaacson on July 31, 2015. In turn, Isaacson had purchased it from the defendants on May 16, 2014. Shortly after her purchase, she noticed a serious mold problems - a result of construction defects, the complaint said. The plaintiff notified the defendants of her claim but received no relief. The plaintiff holds Lennar Homes of Texas Land and Construction Ltd. and Lennar Homes of Texas Sales and Marketing Ltd. responsible because the defendants allegedly breached their duty to exercise ordinary care in the construction of the home and refused to make a reasonable offer to settle her claim.

The plaintiff requests a trial by jury and seeks monetary relief of more than $200,000, but not more than $1 million, and other relief to which she may be entitled. She is represented by Dax Faubus, Joseph Melugin and Michael Lewis of The Faubus Firm in Houston.

Galveston County District Court Case number 17-cv-0253

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