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Couple claims contractor failed to pay suppliers, subcontractors

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Couple claims contractor failed to pay suppliers, subcontractors

Lawsuits
Contract 01

HOUSTON — A couple claims the contractor they paid to renovate and repair Hurricane Harvey flood damage on their Kingwood home failed to pay suppliers and subcontractors. 

Tina and Paul Garwood filed a complaint Aug. 12 in Harris County District Court against Marc Jason Leger, Keith Donald Bullard, Jr., and Thomas Wayne Smith doing business as Nation Wide Steel alleging breach of contract, fraud, violation of the Texas Deceptive Trade Practices Act and other claims. 

The Garwoods hired the defendants on Oct. 18, 2017, to repair, restore and renovate their property in Kingwood that had suffered flooding damage from Hurricane Harvey for a cost of $152,001.45, according to their complaint. They allege that between November of 2017 and March of 2018, they paid the defendants on four different occasions totaling $68,000 which included custom kitchen cabinets and an $800 payment to one of the defendant's employees. 

The Garwoods claim the defendants never paid the cabinet subcontractor or the project's other subcontractors and on April 3, 2018, fired the defendants. The Garwoods further claim the defendants invoiced them for $21,887.77 and refuse to deduct or refund the $68,000 already paid to the defendants. They allege the defendants are liable for misapplication of the funds with the intent to defraud. 

The Garwoods seek monetary relief between $100,000 and $250,000, interest and all other just relief. They are represented by Matthew Storey and Scott Cheatham of Adams and Reese LLP in Houston. 

Harris County District Court case number 2021-49828

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