Divetech LLC has taken legal action against two Texas-based companies, alleging severe negligence and deception that led to significant financial losses. The complaint was filed by Divetech LLC in the District Court of Harris County, Texas, on October 21, 2024, targeting Third Coast Plaster of Texas LLC and Third Coast Pool Plaster LLC.
The lawsuit stems from a resurfacing project gone awry at Divetech's indoor pool facility in Houston. According to the complaint, Divetech had engaged Third Coast Pool Plaster LLC for the project in December 2022. However, after the work was completed and invoiced by Third Coast Plaster of Texas LLC for $12,000, Divetech experienced a catastrophic sewage blockage in January 2023. An investigation revealed that hard plaster from the resurfacing had been improperly disposed of into the sewer line, causing extensive damage. Laboratory tests confirmed that the plaster matched samples from both the pool and sewer line.
Divetech accuses both companies of acting deceptively by submitting bids under one name and invoicing under another, leading to confusion about which entity was responsible for the work. This alleged misrepresentation forms part of their claim under the Texas Deceptive Trade Practices Act (DTPA), which they argue was violated through deceptive business practices and breach of implied warranties.
In their lawsuit, Divetech seeks compensation for actual damages incurred due to negligence and breach of contract. They are also pursuing exemplary damages for gross negligence and additional discretionary damages under DTPA provisions due to intentional misconduct by the defendants. Furthermore, Divetech requests recovery of all associated costs including attorney fees, court costs, and interest on damages.
Representing Divetech are attorneys S. Loyd Neal III and Blaise D. Williams from The Neal Law Group PLLC. The case is being presided over by Judge Christopher Matthews in Harris County's 164th District Court under Case ID 2024-72992.