HOUSTON - A breach of contract lawsuit is alleging the makers of artificial turf fields have refused to honor the warranty on their product.
The Matias Almeyda Futbol CLub (MAFC) and Sebastian Zalazar filed suit against Challenger Turf and Challenger industries on Dec. 21 in Harris County District Court.
MAFC is a non-profit organization focused on player development through professional soccer training in the greater Houston area.
According to the lawsuit, on Nov. 15, 2017, the plaintiffs purchased artificial turf manufactured by Challenger, paying approximately $300,000. The artificial turf purchased came with a ten-year warranty. In September 2021, the plaintiffs learned that the artificial turf was experiencing premature degradation of the fibers. The wear and degradation were contrary to assurances and sales pitch given by the defendants.
“Following the discovery of the poor condition of the Defendants’ product, Plaintiffs notified Defendants about the concerns and the field conditions,” the suit states. “Defendants, despite being put on notice of problems with its fibers installed on the MAFC fields, willfully and knowingly represented to Plaintiffs that the fields were experiencing normal wear and tear, that Plaintiffs insufficiently maintained the fields, and that the warranty did not exist.
“The failure of the product significantly compromises the useful life of the product and puts MAFC students using the playing surfaces at greater risk of injury and increases maintenance costs and duties for Plaintiffs as it pertains to the soccer fields.”
The plaintiffs are suing for damages for the replacement of the turf, treble damages, punitive damages and attorney’s fees.
They are represented by attorneys Cody Dishon, Harrison Tatum and Patrick McDonald of The Ferguson Law Firm in Beaumont.