MONTHLY SUCCESSES FOR MAY ‘26
We Get Results
MONTHLY SPOTLIGHT: Firm Wins Major Case against Egregious Home Builder
In this case, the clients purchased a new home which experienced substantial water intrusion a few years after they moved in. They first noticed water coming into the area around the windows and behind the walls. The situation reached the breaking point when the owners suffered severe respiratory symptoms. Further review of the home revealed that improper sealant caused the brick structure to deteriorate and created a media behind the walls for mold to develop. As is typical, the builder attempted a few quick fixes which never solved the underlying issues. At the Firm, we call this a “band-aid approach”. The clients were ultimately ghosted.
The Firm’s Austin office took on the case and immediately assumed an aggressive position documenting the defects, horrific contractor conduct, and proof of the damage sustained. Claims were brought under the RCLA (Residential Construction Liability Act) and the Texas DTPA (Deceptive Trade Practices Act). The RCLA requires the builder to repair or replace defects and the DTPA punishes the contractor for engaging in fraudulent contact. This double-punch strategy resulted in a major damage award on behalf of the client which compensated the client for the damage incurred. The agreement resolving this dispute was signed by all parties in May.
Congratulations to Kevin Green, our Senior Attorney in the Austin office, for achieving this great result. Kevin brings years of construction experience to the Firm and a great passion for championing the rights of our clients!
Judgment Obtained Against Defective Pool Contractor
The Firm handles defective pool construction cases from El Paso down to South Padre Island. These cases involve multiple issues ranging from disintegrating pools infected with “pool cancer” in the Austin area to geo-structural issues relating to the specific soil conditions where the pools are located. Although the facts differ, the pattern of abuse and avoidance of legal obligations by the contractors is invariably the same.
In this case, the contractor’s work was patently defective. The Firm was able to hold the contractor accountable by obtaining a substantial monetary judgment in Collin County District Court. Congratulations to Sidney Skipper from our Dallas office on achieving this excellent result!
Another Pool Contractor Bites the Dust!
Another tale of a failing pool – this time in Ellis County. This was a very expensive pool which failed months after construction. To the clients’ dismay, the sides of the pool and spa began to sink into the soil. This is a problem the Firm often encounters and results from the failure to install a proper foundation or faulty architectural plans. After meeting the clients, the Firm employed the above two-punch strategy and was able to successfully resolve the dispute without litigation including recovery of all attorney fees! Congratulations to our Dallas office for achieving this result!
Dangerous Mold Infestation Successfully Resolved!
In this case a major Texas builder refused to take responsibility for pervasive and dangerous mold which infected the client’s home. As is typical, the builder blamed the client for failing to maintain the air conditioning and humidity at the proper temperature when – in fact – the HVAC was defective! The Firm had mold laboratory tests conducted which identified the strains of mold involved and the high particulate levels. A battle with opposing counsel ensued which resulted in an excellent settlement for the client.
Default Judgment Averted by Skillful Lawyering
Clients frequently come to us when faced with the consequences of a default judgment. This results from the failure of the client as a defendant in a lawsuit to file a response or answer within twenty days. When that happens, the Court automatically files a judgment against the client which is incredibly difficult to reverse.
Congratulations to our Senior Attorney, Erica Porter in our Houston office, on her successful efforts in averting a default judgment in this critical case. The client will now how have his day in Court!
