HOUSTON — A couple is suing the builder of their new home after experiencing several construction defects including water damage and termites.
Christopher M. Hartt and Dorota Bl Hartt filed a complaint July 2 in Harris County District Court against Oppidan Homes VI LTD alleging negligence, negligent misrepresentation, breach of contract, fraud, violation of the Texas Deceptive Trade Practices Act and other claims.
The Hartts purchased a new residential home on Dec. 18, 2015, located on Live Oak Street in Houston that was constructed by Oppidan Homes, according to their complaint. They claim that after purchasing the home, they began to experience construction defects such as water damage and leaking, termites and mold. Specifically, the Hartts allege that moisture from water damage penetrated the home's wood material and damage sheetrock.
They also allege the moist conditions in the home caused an infestation of subterranean termites and that in June of 2021, an inspection found mold counts in the home "as high as 410,000 spores/m3." The plaintiffs claim the house was not built in a "good and workmanlike manner" and that proper construction and design were not followed during the building of the home. They also claim Oppidan has not honored the home warranty.
The Hartts seek monetary relief between $200,000 and $1 million, interest, trial by jury and all other just relief. They are represented by T. Ernest Freeman, Luisa Calderon and Stuart Allen of The Freeman Law Firm PC in Houston.
Harris County District Court case number 2021-40131