Two Galveston, TX, homeowners are suing a contractor they hired for allegedly botching the addition of a second level to their residence.
According to court discovery documents, Dan McInnis and Jennifer McInnis filed a complaint Aug. 23 in the 405th District Court of Galveston County against Coastal Cottage Homes, LLC; Detail Construction and Remodeling, LLC; Dennie J. III; and Connie Teer. According to the documents, the plaintiffs claimed to have entered into a contract with the defendants on Oct. 26, 2020, for an upper level addition to be put on their residence. The upper level was to include a bedroom/living area, bathroom, closet, and staircase, per the construction drawings of the defendants.
The plaintiffs said there have been “numerous” construction defects, including with their home’s HVAC system, which are causing damage to their home. The complaint says that on Oct. 7, 2022, the plaintiffs provided adequate notice of the defects to the defendants, and the defendants accepted service of the notice and agreed to make repairs. However, it says, the defendants agreed to start work on May 15, 2023 and complete the work in 30 days.
“This did not happen,” the filing said. “Instead, Defendants failed to properly repair the defects they attempted to address and failed to even commence work to address most of the defects.”
The suit alleges negligence, breach of contract, breach of implied warranty, and violations of the Texas Deceptive Trade Practices Act and Residential Construction Liability Act, the documents stated.
The plaintiffs seek damages for the reasonable cost of repairs necessary to cure any construction defect; the reasonable and necessary cost for the replacement or repair of any damaged goods in the residence; engineering and consulting feeds; and the reasonable expenses of temporary housing reasonably necessary during the repair period. They also seek damages for the reduction in current market value, if any, after the construction defect is repaired if the construction defect is a structural failure.
In addition, they are asking the court for damages for attorney’s fees, past and future mental anguish, costs of court, interest, and all other
just relief.
The plaintiffs are being represented by Spencer Edwards and Mallorie S. Walker of Hudgins Law Firm, P.C. in Houston.
The 405th District Court of Galveston County, Texas, case number 23-CV- 1370