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Thursday, November 14, 2019

Houston homeowner accuses construction company of negligent work


By Carrie Bradon | Oct 16, 2019


HOUSTON — A Houston homeowner is suing a construction company, alleging the construction of her new home was done negligently.

Darlene Garcia filed a complaint Sept. 5 in Harris County District Court against Caruca LLC, Vista City Homes, LLC and McGown Professional Inspections LLC, alleging deceptive trade practices, common law fraud, fraudulent inducement, statutory fraud, fraudulent misrepresentation, breach of contract, breach of express warranty, breach of implied warranty, unjust enrichment, negligence and negligent misrepresentation.

According to the complaint, Garcia purchased a property at 2103 Stuart St., Houston in 2018. The suit alleges it was the duty of the builders to manage the construction of the property in a good and workmanlike manner. The suit states the defendants represented to Garcia that they would professionally and completely inspect the property on July 24, 2018, and provide the plaintiff with a notice of any portions that were a cause for concern. 

After the inspection, McGown allegedly informed the plaintiff that the property was in perfect condition and without defects. Garcia states that she realized shortly after moving in that there were substantial damages and defects in the construction of the property. The suit states Garcia began to notice water leaks in September 2018, followed by the development of mold. The defendant had allegedly not done the work properly, which included failing to follow the appropriate construction codes and ordinances. 

The plaintiff says her property is in need of repairs due to the defects. Although she said she has sought to have repairs made, the defendants have failed to follow through on the necessary repairs, which has caused Garcia to suffer additional damages with the property's structure.

Garcia seeks monetary relief between $200,000 and $1 million, trial by jury, attorney fees, court costs, interest and all just relief. She plaintiff is represented by attorney Sholeh Abedinzadeh  of The Welscher Martinez Law Firm in Houston.

Harris County District Court case number 2019-63653

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