Preview
Filed: 10/9/2020 2:56 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 47063284
By: Shailja Dixit
10/9/2020 3:05 PM
Cause No. 19-CV-2191
SHARON DAVIS § IN THE DISTRICT COURT OF
Plaintiff §
§
v. § GALVESTON COUNTY, TEXAS
§
QUALITY WORKS CONSTRUCTION, INC. §
and INSURORS INDEMNITY COMPANY §
Defendants § 56th JUDICIAL DISTRICT
QUALITY WORKS CONSTRUCTION, INC.’S THIRD PARTY PETITION
AND REQUESTS FOR DISCLOSURE
________________________
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW QUALITY WORKS CONSTRUCTION, INC., Defendant in the above-styled
and numbered cause and files this its Third Party Petition and Requests for Disclosure, complaining
of the CITY OF GALVESTON, and in support of same, would respectfully show as follows:
I. PARTIES
Third Party Plaintiff QUALITY WORKS CONSTRUCTION, INC. is a Texas corporation,
who has already entered an appearance through counsel.
Third Party Defendant CITY OF GALVESTON is a Texas municipal organization, existing
under the laws of the State of Texas. CITY OF GALVESTON may be served with citation by
serving the City Secretary, Janelle Williams, at 823 Rosenberg Street, Galveston, Texas 77533.
II. JURISDICTION AND VENUE
This Court has jurisdiction in this matter because this cause of action accrued in Galveston
County, Texas. Venue is mandatory in Galveston County because the suit involves damages to real
property located in Galveston County.
Venue is proper in Galveston, Galveston County, Texas because all or a substantial part of the
events giving rise to this claim occurred in Galveston County. Venue is proper pursuant to 15.001, et
seq. TEXAS CIVIL PRACTICE AND REMEDIES CODE.
All conditions precedent have been met, including notice of the claims brought herein by Third
Party Plaintiff have previously been sent to the City of Galveston.
III. FACTUAL BACKGROUND
By Plaintiff’s most recent petition, (her Third Amended Petition), Plaintiff SHARON DAVIS
alleges and contends that Defendant QUALITY WORKS CONSTRUCTION is liable and
responsible to Plaintiff for certain damages sustained by Plaintiff relating to a contract between
Plaintiff, Defendant QUALITY WORKS CONSTRUCTION and Third Party Defendant CITY OF
GALVESTON. The contract in question between SHARON DAVIS, QUALITY WORKS
CONSTRUCTION and CITY OF GALVESTON relates to and arises out of construction repairs
and remodeling arranged for and approved by CITY OF GALVESTON pursuant to a federal grant
program, for the improvement of that home owned by SHARON DAVIS. The contract between
the parties was signed on or about January 23, 2017, and amended on at least one occasion
subsequent thereto.
QUALITY WORKS CONSTRUCTION, INC. has denied and continues to aver that it is in no
way responsible for the damages, if any, alleged by SHARON DAVIS. Further, CITY OF
GALVESTON has breached its contract with QUALITY WORKS CONSTRUCTION by
wrongfully withholding monies due and owing to QUALITY WORKS CONSTRUCTION, and
despite demand by QUALITY WORKS CONSTRUCTION on CITY OF GALVESTON, CITY
OF GALVESTON has steadfastly refused to release those funds due and owing to QUALITY
WORKS CONSTRUCTION, INC. for those repairs and remodeling services provided by
QUALITY WORKS CONSTRUCTION, INC. for the improvement of Plaintiff SHARON
DAVIS.
Moreover and alternatively, contemporaneously with the filing of this Third Party Petition,
QUALITY WORKS CONSTRUCTION has filed it’s Original Counterclaim against Plaintiff
SHARON DAVIS, alleging DAVIS is similarly responsible for breaching that contract between
PLAINTIFF, QUALITY WORKS CONSTRUCTION and CITY OF GALVESTON, and those
monies owed to QUALITY WORKS CONSTRUCTION by DAVIS and/or Third Party
Defendant CITY OF GALVESTON pursuant to the contract between these parties have been
wrongfully withheld and/or remain unpaid.
CITY OF GALVESTON has wrongfully withheld the final installment payment owed to
QUALITY WORKS CONSTRUCTION, INC. under the terms of the contract in question, in the
amount of twenty-nine thousand seven hundred ninety-eight dollars and fifty-three cents
($29,798.53), along with retainage due and owing QUALITY WORKS CONSTRUCTION, INC.
under the terms of the contract, in the amount of thirteen thousand two hundred forty-three dollars
________________________
QWC, Inc.’s 3rd Party Petition
Page 2
and seventy-nine cents ($13,243.79). Finally, CITY OF GALVESTON, acting in concert with
Plaintiff SHARON DAVIS, required QUALITY WORKS CONSTRUCTION, INC. to complete
additional work on Ms. DAVIS’ home to complete the repairs to DAVIS’ home and allow her to
return to the home, in the amount of one hundred nine thousand two hundred sixty-one dollars and
ninety cents ($109,261.90), yet to date has wholly failed to pay fot these repairs, remediation and
materials. Additionally, QUALITY WORKS CONSTRUCTION, INC. seeks recovery of its damage
reasonable and necessary attorney fees, costs, and expenses through trial and all appeals under TEX.
CIV. PRAC. & REM. CODE §38.001, et seq., along with along with pre-judgment and post-judgment
interest relating to its claims made the basis of this counterclaim.
IV. DISCOVERY
Third Party Plaintiff respectfully requests that Third Party Defendant provide responses to those
Requests for Disclosure set out in Rule 194.2 (a-l) of the TEXAS RULES OF CIVIL PROCEDURE within
fifty (50) days of service of this Third Party petition.
WHEREFORE, PREMISES CONSIDERED, QUALITY WORKS CONSTRUCTION, INC.,
Defendants and Third-Party Plaintiffs, respectfully pray that your Third party Defendant CITY OF
GALVESTON be cited to appear and answer, that Plaintiff take nothing by this action, that
Defendant and Third Party Plaintiff recover its damages, costs of court and attorney’s fees, and for
such other and further relief, to which your Defendant and Third Party Plaintiff might otherwise be
justly entitled.
Respectfully submitted,
THE BARCLAY LAW FIRM
By: ___________________________________
Byron K. Barclay
State Bar No: 01720350
705 Chelsea Boulevard
Houston, Texas 77006-6205
Telephone: (713) 224-2334
Facsimile: (713) 758-0253
Email: BKBarclay@Lawyer.com
ATTORNEY FOR DEFENDANT/THIRD
PARTY PLAINTIFF QUALITY WORKS
CONSTRUCTION, INC.
________________________
QWC, Inc.’s 3rd Party Petition
Page 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document was
served on all parties and/or their counsel of record, consistent with those requirements of Rule
21(a) of the TEXAS RULES OF CIVIL PROCEDURE, by hand delivery, and/or facsimile transmission,
and/or email, and/or United States Mail, via certified mail, return receipt delivery on this 9th day of
October 2020.
By: __________________________________________
Byron K. Barclay
________________________
QWC, Inc.’s 3rd Party Petition
Page 4
Preview
Filed: 10/9/2020 2:56 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 47063284 By: Shailja Dixit 10/9/2020 3:05 PM Cause No. 19-CV-2191 SHARON DAVIS § IN THE DISTRICT COURT OF Plaintiff § § v. § GALVESTON COUNTY, TEXAS § QUALITY WORKS CONSTRUCTION, INC. § and INSURORS INDEMNITY COMPANY § Defendants § 56th JUDICIAL DISTRICT QUALITY WORKS CONSTRUCTION, INC.’S THIRD PARTY PETITION AND REQUESTS FOR DISCLOSURE ________________________ TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW QUALITY WORKS CONSTRUCTION, INC., Defendant in the above-styled and numbered cause and files this its Third Party Petition and Requests for Disclosure, complaining of the CITY OF GALVESTON, and in support of same, would respectfully show as follows: I. PARTIES Third Party Plaintiff QUALITY WORKS CONSTRUCTION, INC. is a Texas corporation, who has already entered an appearance through counsel. Third Party Defendant CITY OF GALVESTON is a Texas municipal organization, existing under the laws of the State of Texas. CITY OF GALVESTON may be served with citation by serving the City Secretary, Janelle Williams, at 823 Rosenberg Street, Galveston, Texas 77533. II. JURISDICTION AND VENUE This Court has jurisdiction in this matter because this cause of action accrued in Galveston County, Texas. Venue is mandatory in Galveston County because the suit involves damages to real property located in Galveston County. Venue is proper in Galveston, Galveston County, Texas because all or a substantial part of the events giving rise to this claim occurred in Galveston County. Venue is proper pursuant to 15.001, et seq. TEXAS CIVIL PRACTICE AND REMEDIES CODE. All conditions precedent have been met, including notice of the claims brought herein by Third Party Plaintiff have previously been sent to the City of Galveston. III. FACTUAL BACKGROUND By Plaintiff’s most recent petition, (her Third Amended Petition), Plaintiff SHARON DAVIS alleges and contends that Defendant QUALITY WORKS CONSTRUCTION is liable and responsible to Plaintiff for certain damages sustained by Plaintiff relating to a contract between Plaintiff, Defendant QUALITY WORKS CONSTRUCTION and Third Party Defendant CITY OF GALVESTON. The contract in question between SHARON DAVIS, QUALITY WORKS CONSTRUCTION and CITY OF GALVESTON relates to and arises out of construction repairs and remodeling arranged for and approved by CITY OF GALVESTON pursuant to a federal grant program, for the improvement of that home owned by SHARON DAVIS. The contract between the parties was signed on or about January 23, 2017, and amended on at least one occasion subsequent thereto. QUALITY WORKS CONSTRUCTION, INC. has denied and continues to aver that it is in no way responsible for the damages, if any, alleged by SHARON DAVIS. Further, CITY OF GALVESTON has breached its contract with QUALITY WORKS CONSTRUCTION by wrongfully withholding monies due and owing to QUALITY WORKS CONSTRUCTION, and despite demand by QUALITY WORKS CONSTRUCTION on CITY OF GALVESTON, CITY OF GALVESTON has steadfastly refused to release those funds due and owing to QUALITY WORKS CONSTRUCTION, INC. for those repairs and remodeling services provided by QUALITY WORKS CONSTRUCTION, INC. for the improvement of Plaintiff SHARON DAVIS. Moreover and alternatively, contemporaneously with the filing of this Third Party Petition, QUALITY WORKS CONSTRUCTION has filed it’s Original Counterclaim against Plaintiff SHARON DAVIS, alleging DAVIS is similarly responsible for breaching that contract between PLAINTIFF, QUALITY WORKS CONSTRUCTION and CITY OF GALVESTON, and those monies owed to QUALITY WORKS CONSTRUCTION by DAVIS and/or Third Party Defendant CITY OF GALVESTON pursuant to the contract between these parties have been wrongfully withheld and/or remain unpaid. CITY OF GALVESTON has wrongfully withheld the final installment payment owed to QUALITY WORKS CONSTRUCTION, INC. under the terms of the contract in question, in the amount of twenty-nine thousand seven hundred ninety-eight dollars and fifty-three cents ($29,798.53), along with retainage due and owing QUALITY WORKS CONSTRUCTION, INC. under the terms of the contract, in the amount of thirteen thousand two hundred forty-three dollars ________________________ QWC, Inc.’s 3rd Party Petition Page 2 and seventy-nine cents ($13,243.79). Finally, CITY OF GALVESTON, acting in concert with Plaintiff SHARON DAVIS, required QUALITY WORKS CONSTRUCTION, INC. to complete additional work on Ms. DAVIS’ home to complete the repairs to DAVIS’ home and allow her to return to the home, in the amount of one hundred nine thousand two hundred sixty-one dollars and ninety cents ($109,261.90), yet to date has wholly failed to pay fot these repairs, remediation and materials. Additionally, QUALITY WORKS CONSTRUCTION, INC. seeks recovery of its damage reasonable and necessary attorney fees, costs, and expenses through trial and all appeals under TEX. CIV. PRAC. & REM. CODE §38.001, et seq., along with along with pre-judgment and post-judgment interest relating to its claims made the basis of this counterclaim. IV. DISCOVERY Third Party Plaintiff respectfully requests that Third Party Defendant provide responses to those Requests for Disclosure set out in Rule 194.2 (a-l) of the TEXAS RULES OF CIVIL PROCEDURE within fifty (50) days of service of this Third Party petition. WHEREFORE, PREMISES CONSIDERED, QUALITY WORKS CONSTRUCTION, INC., Defendants and Third-Party Plaintiffs, respectfully pray that your Third party Defendant CITY OF GALVESTON be cited to appear and answer, that Plaintiff take nothing by this action, that Defendant and Third Party Plaintiff recover its damages, costs of court and attorney’s fees, and for such other and further relief, to which your Defendant and Third Party Plaintiff might otherwise be justly entitled. Respectfully submitted, THE BARCLAY LAW FIRM By: ___________________________________ Byron K. Barclay State Bar No: 01720350 705 Chelsea Boulevard Houston, Texas 77006-6205 Telephone: (713) 224-2334 Facsimile: (713) 758-0253 Email: BKBarclay@Lawyer.com ATTORNEY FOR DEFENDANT/THIRD PARTY PLAINTIFF QUALITY WORKS CONSTRUCTION, INC. ________________________ QWC, Inc.’s 3rd Party Petition Page 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on all parties and/or their counsel of record, consistent with those requirements of Rule 21(a) of the TEXAS RULES OF CIVIL PROCEDURE, by hand delivery, and/or facsimile transmission, and/or email, and/or United States Mail, via certified mail, return receipt delivery on this 9th day of October 2020. By: __________________________________________ Byron K. Barclay ________________________ QWC, Inc.’s 3rd Party Petition Page 4