SE Texas Record

Wednesday, September 18, 2019

Galveston couple alleges construction repaired their beachfront property negligently


By Carrie Bradon | Jun 25, 2019

GALVESTON — A Galveston couple is suing a construction company, alleging their beachfront property was repaired negligently, leading to additional water damage.

Mario Pantoja and Jasmina Kelemena filed a complaint June 24 in Galveston County District Court against Kona International Inc., doing business as Island Enterprises, and David H. Okamura, alleging breach of contract, fraudulent inducement, negligent misrepresentation, breach of express warranty and breach of implied warranty. 

According to the complaint, Pantoja and Kelemena own a vacation home at 25027 Monterey Court, Galveston, within yards of the Gulf of Mexico. The suit alleges the plaintiffs discovered water damage to the property in 2016 hired the defendant to fix the problem. 

The properties executed a detailed contract, the suit states, and Island Enterprises agreed to make the exterior of the home water-tight and replace and refinish interior surfaces, walls, ceilings and floors. The defendant allegedly told the plaintiffs that the work would be completed before summer 2018 and would cost $113,750. 

The actual price of the job turned out to be $160,000, the suit alleges, but the plaintiffs paid the defendant in full. Since the repairs, the plaintiffs say they have noticed additional defects to the property regarding negligent installation of siding, flashing and a weather resistant barrier. They plaintiffs say they have sought repairs but Island Enterprises has failed to repair its defective work.

Pantoja and Kelemena seek trial by jury, monetary relief between $200,000 and $1 million, actual damages, exemplary damages, interest, attorney fees and other just relief. They are represented by attorneys Shannon A. Lang and Jessica Hughes of Lang & Associate PLLC in Houston.

Galveston County District Court case number 19-CV-1146

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