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SOUTHEAST TEXAS RECORD

Friday, November 1, 2024

Homeowner alleges new home had numerous defects due to contractor's negligence

Lawsuits
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HOUSTON — A man alleges there were numerous defects including improperly installed stucco with his newly built home in Cypress. 

Syed Shah filed a complaint  Aug. 25 in Harris County District Court against MH1 Partnership LTD alleging breach of contract, negligence, violation of the Texas Deceptive Trade Practices-Consumer Act and other claims. 

According to Shah's complaint, MH1 constructed a new home for him on San Saba Creek in Cypress with the property being conveyed by general warranty deed with a vendor's lien dated Oct. 16, 2013. He claims that the home had certain design and construction issues including improperly installed stucco, wire lath, paper backing, house wrap, framing, flashing as well as issues with the water resistive barriers and sheathing. 

Shah further claims the defects were present during construction and that the damages were initially hidden and undiscoverable. In addition to claiming breach of contract, Shah alleges MH1's negligence for failing to construct the home in accordance with specifications, manufacturer's installation instructions, building codes and industry standards. 

He also alleges MH1 falsely represented his home was built in good condition and in a good workmanlike manner free from defects. Shah claims he suffered economic damages, mental anguish and other damages. 

Shah seeks monetary relief between $250,000 and $1 million, interest and all other just relief. He is represented by Chase Florin, Neil O'Brien and Luca Esposito of Florin Roebig PA in Palm Harbor, Florida. 

Harris County District Court case number 2022-53358

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