Cy-Fair developer sues over water tank repairs

A Cy-Fair development company is suing a LaPorte company alleging that it did some repairs to a water tank in an industrial park that turned out to be defective and the company hasn't done anything to correct the problem.

The Texas Development Co. filed a lawsuit on Nov. 11 in the Harris County District Court against Gulf States Protective Coatings Inc., alleging breach of contract, breach of warranty, negligence and fraud.

The plaintiff says that in January of 2007, it hired the defendant to perform rehabilitation work on a 100,000 gallon elevated water storage tank located at 12331 1/2 FM 529. The defendant made an assessment of the problem and provided a guaranteed list of repairs that needed to be done.

The plaintiff says that it paid the defendant $99,500 for the work on the water tank, which was told to have 10 to 15 years of maintenance free service by the defendant.

In September 2010, the plaintiff inspected the tank and says it found defects in the defendant's work and needed to make immediate repairs. It contacted the plaintiff but hasn't responded to requests to fix anything.

The plaintiff is seeking damages of at least $50,000, including actual damages,  exemplary damages, court costs and any other damages it is entitled to by the court.

The plaintiff is being represented in the case by Houston attorney Raymond A. Krell.

Harris County District Court Case No. 2010-74907.

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.