Thursday, October 8, 2015

Owner of Komodo's Pub in Midtown files lawsuit against roofing contractor over water damage and lost profits caused by temporary closure


In a petition filed October 6, 2015 in Harris County District Court, Komodo's owner alleges that the bar hired Strata Roofing & Construction LLC to repair its roof for $15,580.00 and that the contractor's workers "allowed rain to flood the premises", forcing it to shut its doors for 12 business days.

As a result, the petition states, the popular neighborhood bar suffered damages in the form of $15,000 in lost profits, $6,000 in wages paid to employees while it was closed, and incurred additional expenses of $500 for paint.

The pleading further alleges that the contractor refused to pay for the alleged damages after having been sent a demand letter, and that the roofing company instead filed a mechanic's lien on the property located at 2004 Baldwin St. Houston TX 77002 for $9,640.00 on August 31, 2015.

Komodo says that the underlying contract for roofing repairs was signed on June 21, 2015 and that under the term of the contract Strata Roofing accepted responsibility for any damage that was directly caused by water intrusion during rainfall. It claims that the damages would not have occurred but for the contractor's negligent conduct in performing the job.

Komodo seeks relief for breach of contract, negligence, and also makes a claim under the Deceptive Trade Practices Act (DTPA). It seeks a total of $21,500 in actual damages, attorney's fees, interest, and court costs. Additionally, Komodo seeks a judicial declaration that the lien filed by the contractor is invalid. It requests that it be awarded its attorney's fees on the breach of contract claim, and also references the Property Code and the Declaratory Judgments Act as a basis for recovering attorneys fees that were necessary to remove the mechanic's lien filed by the contractor, which it claims is invalid.

Komodo's is an assumed name of Lizzard's Midtown, Inc, which was formally named as the plaintiff in this civil action. The company's law firm is MONSHAUGEN & VAN HUFF, P.C. and one its owners, Albert T. Van Huff, signed the original petition. Two other lawyers are also shown on the address block: Stephanie B. Donaho and Amy L. Schlaffer.

Defendant STRATA ROOFING & CONSTRUCTION, LLC has not yet been served with citation and has not answered the lawsuit. Therefore, it is not known who will represent them, and how they will defend the lawsuit. Based on their filing of a mechanic's lien in the property records of the Harris County Clerk's Office, which indicates that they have not been paid the full contracted-for price for the job, they will likely assert a counterclaim against the owner of the bar.

CASE INFO: Cause No. 2015-59375, Lizzard's Midtown, Inc. v. Strata Roofing & Construction, LLC, filed 10/6/2015 with the Harris County District Clerk, and randomly assigned to the 234th District Court, Harris County, Texas.

No comments: