Dispute arises in construction of parking garage

A Cy-Fair construction company is being sued by a building company for subcontracting out work they allegedly weren't allowed to and not finishing the job. 

U.S Builders filed a lawsuit on Oct. 6 in the Harris County District Court against Sterling Engineering and Construction Inc., Springs Donald R. Brick, et al., claiming breach of contract, fraud and other charges. 

 

The plaintiff claims that on Dec. 8, 2009, U.S. Builders agreed to construct a parking garage for the Galvestonian Condo Association at 1401 East Beach. On Jan. 22, USB hired Sterling as a subcontractor for the project. 

 

The plaintiff alleges that Sterling did not supply enough workers to complete the job and did not finish on schedule. When they notified Sterling of this, they abandoned the job, forcing USB to bring in other subcontractors to finish the job.

 

The plaintiff later learned that Sterling subcontracted out the work to Gaba, despite not being allowed to do so by the contract they signed. They allegedly told Gaba employees to not disclose where they truly worked. 

 

Gaba filed an affidavit claiming Mechanics and Materialmans Lien for $160,200, on May 14, 2010. 

 

On May 27, the plaintiff notified Sterling of cracking, ponding and elevation issues associated with the work they were supposed to have done and demanded repairs. They turned the letter over to Gaba and put the burden on them.

 

The plaintiff is seeking damages including actual damages, the recovery of the misapplication of trust funds, court costs and any other damages they are entitled by the court.

 

UBS is being represented in the case by Houston attorney Julia A. Cook.

 

Harris County District Court Case No. 2010-65920.

 

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.