GALVESTON – A special district in Galveston County alleges that a consulting engineer made unnecessary trips during the construction of a detention pond.

Westwood Management District filed a complaint on Aug. 17, in the Galveston County District Court against Cobb, Fendley & Associates Inc. alleging breach of contract and professional negligence.

According to the complaint, the defendant worked as a consulting engineer for the plaintiff for the construction of the Westwood Subdivision detention pond. The defendant was to haul away 67,600 cubic yards of excavation spoil from the pond to vacant lots in the section, but the spoil was placed in other areas instead.

The plaintiff holds Cobb, Fendley & Associates Inc. responsible because the defendant allegedly prepared plans calling for an unnecessary trips and improperly stockpiled excavation spoil from the detention pond.

The plaintiff requests a trial by jury and seeks monetary relief of more than $200,000 but not more than $1 million and any further relief to which it may show itself justly entitled. It is represented by Sean E. O’Rourke and Nicholas Simon of Simon-O’Rourke PC in Webster.

Galveston County District Court case number 17-CV-1017

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