HOUSTON — A contractor is facing a claim after a couple's home in Cypress had alleged stucco issues and other construction defects.
Willie Earl Smith, Jr., and Angela Renee Smith filed a complaint Aug. 25 in Harris County District Court against Newmark Homes Houston LLC alleging breach of contract, negligence, violation of the Deceptive Trade Practices-Consumer Protection Act and other claims.
According to the plaintiffs' complaint, they own property located on Texas Redbud Court in Cypress that was constructed by Newmark Homes. They claim the home was conveyed to them by Newmark by special warranty deed with a third party vendor's lien dated March 28, 2014. The plaintiffs allege that the home has construction defects and deficiencies that were initially hidden to them and undiscoverable.
Specifically, they claim the home's stucco system was improperly installed along with underlying wire lath, paper backing, house wrap, framing and water resistive barriers and sheathing. They allege Newmark Homes violated Texas building codes and failed to design and perform the construction in a good and workmanlike manner. The plaintiffs also allege Newmark negligently represented that the goods and services were of a particular standard and breached its implied warranty. They claim they have suffered economic damages including repair costs, relocation expenses and remediation costs.
The plaintiffs seek monetary relief between $250,000 and $1 million, interest, trial by jury and all other just relief. They are represented by Chase Florin, Neil O'Brien and Luca Esposito of Florin Roebig PA in Palm Harbor, Florida.
Harris County District Court case number 2022-53302