A Galveston County, TX, contractor has filed a lawsuit against a subcontractor they hired to do remodeling work on a home in Kemah, TX, accusing the subcontractor of breach of contract and warranty, negligence and indemnity/subrogation, seeking about $30,000 in damages.
According to Galveston County District Court documents filed Aug. 2, Brooks Construction Group, LLC of Katy, TX, was contracted for remodeling work for a local home, and as part of the job, it subcontracted part of the work to Fidel Escobar Construction Inc. to redo the veneer over existing stucco at the front of the home. After Escobar finished its work, however, "he homeowner observed moisture intrusion along the front wall causing damage to the home. In addition, stones began to separate and fall off from the veneer that had been installed," the documents stated.
Brooks then asked Escobar to return to the property and fix its work, but Escobar refused, then sent an invoice for $2,180, despite the fact that Brooks had paid Escobar for its work in full, according to discovery documents. As a result, Brooks had to hire a new stone subcontractor to remove the stone, and an inspection of the area below the veneer revealed that "the moisture issue reported by the homeowner was the result of numerous holes in the stucco that Escobar had created. These holes allowed moisture to penetrate into the wall cavity and framing," the suit alleged. Brooks also found that the stone was falling off due to Escobar’s use of mortar that was unfit for the work.
Brooks is seeking $29,766 in expenses paid to Escobar, as well as attorney fees, court costs and interest. The suit accuses the subcontractor of breach of contract and breach of warranty, negligent performance of subcontract, and indemnity/subrogation, according to the discovery documents.