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SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Homeowner alleges contractor falsely represented he was licensed master plumber

Lawsuits
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HOUSTON —  A homeowner alleges a home improvement contractor falsely represented he was a licensed master plumber. 

Terri Leonard filed a complaint Oct. 26 in Harris County District Court against Heriberto Hernandez doing business as Benjamin & Franklin Home Improvement alleging breach of contract, negligence, fraud and other claims. 

According to Leonard's complaint, she hired the defendant on May 7, 2021, to perform a re-piping work on her home for a cost of $5,500. She claims that the defendant falsely represented he was a State Board of Texas licensed and bonded master plumber and that he would use "Type A pex pipe" that is adaptable to freezing weather and agreed to a two-year warranty guarantee on the work and piping. 

Leonard further claims that the defendant used Type B piping on the project instead and never obtained the proper city permits which caused her to terminate the project. She alleges the defendant has failed or refused to respond to her Sept. 20, 2021, request for the return of her initial $2,750 payment and the return of additional payments of $675 and $400 which she paid to the defendant. 

Leonard seeks monetary relief of $250,000 or less, interest and all other just relief. She is represented by John Patout, Jr., of Patout, Law & Shaw PLLC in Houston. 

Harris County District Court case number 2021-70397

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