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  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
  • Alejandro Morales, Et Al vs. Taylor Morrison of Texas, Inc., Et AlOther Civil - Cases document preview
						
                                

Preview

Filed: 2/6/2023 8:49 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 72449399 By: Ann Vaughn 2/6/2023 10:04 AM NO. 22-CV-1743 ALEJANDRO MORALES and BROOK § IN THE DISTRICT COURT MORALES § Plaintiffs, § § v. § § TAYLOR MORRISON OF TEXAS, INC. § and TAYLOR WOODROW § 1OTH JUDICIAL DISTRICT COMMUNITIES – LEAGUE CITY, LTD. § § Defendants, § § v. § § BIG TEX AIR CONDITIONING, INC., § § § GALVESTON COUNTY, TEXAS Third-Party Defendant. § § THIRD-PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF BIG TEX AIR CONDITIONING, INC.’S SECOND AMENDED FOURTH-PARTY PETITION SUBJECT TO ARBITRATION COMES NOW, BIG TEX AIR CONDITIONING, INC. (“Big Tex”), the Third-Party Defendant/Fourth-Party Plaintiff herein, and, pursuant to Texas Rule of Civil Procedure 38, files this Second Amended Fourth-Party Petition against All Star Plumbing Management, LLC, Chaparral Plumbing, LP, Builder Services Group, Inc. d/b/a Williams Insulation, Builder Services Group, Inc. d/b/a Williams Contractor Services, City Framers, LLC, Arnulfo Rodriguez Roofing Co., Inc., BFS Group, Inc., Royal Baths MFG Co. LTD, L&W Weatherstripping, LLC, and in support thereof would respectfully show the Court, as follows: A. DISCOVERY-CONTROL PLAN 1. Third-Party Defendant/Fourth-Party Plaintiff Big Tex intends to conduct discovery under Discovery Level 3, pursuant to Texas Rule of Civil Procedure 190.4. 1 B. NOTICE OF USE 2. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Big Tex hereby gives notice to Plaintiffs, Defendants/Third-Party Plaintiffs, and Fourth-Party Defendants of its intent to use all documents exchanged and produced in the course of discovery at the trial of this matter. C. PARTIES 3. Plaintiffs are Alejandro Morales and Brook Morales (“Plaintiffs” or “Morales”). 4. Defendants/Third-Party Plaintiffs are Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities-League-City, Ltd. (collectively “Taylor Morrison entities”). 5. Third-Party Defendant/Fourth-Party Plaintiff is Big Tex Air Conditioning, Inc. (“Big Tex”). 6. Taylor Morrison Entities have answered and appeared in this lawsuit. 7. Big Tex has answered and appeared in this lawsuit. 8. Fourth-Party Defendant Arnulfo Rodriguez Roofing Co., Inc. (“Rodriguez Roofing”) has answered and appeared in this lawsuit. 9. Fourth-Party Defendant City Framers, LLC (“City Framers”) is a Texas Limited Liability Company doing business in Galveston County, Texas. Issuance of citation is not requested at this time. 10. Fourth-Party Defendant All Star Plumbing Management, LLC. (“All Star”) is a Texas Limited Company doing business in Galveston County, Texas. Issuance of citation is not requested at this time. 2 11. Fourth-Party Defendant Chaparral Plumbing, L.P. (“Chaparral”) is a Texas Limited Partnership doing business in Galveston County, Texas. Issuance of citation is not requested at this time. 12. Fourth-Party Defendant L&W Weatherstripping, LLC (“L&W”) has answered and appeared in this lawsuit. 13. Fourth-Party Defendant Builder Services Group, Inc. d/b/a Williams Insulation. (“Williams”) is a Florida Corporation doing business in Galveston County, Texas. Issuance of citation is not requested at this time. 14. Fourth-Party Defendant Builder Services Group, Inc. d/b/a Williams Contractor Services (“Williams Contractor”) is a Florida Corporation doing business in Galveston County, Texas, and may be served with process by serving its Registered Agent, CT Corporation, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136. Issuance of citation is hereby requested. 15. Fourth-Party Defendant BFS Group, LLC as successor in interest to Builders FirstSource – South Texas, LP (“BFS Group”) has appeared and answered this lawsuit. 16. Fourth-Party Defendant Royal Baths MFG Co. LTD (“Royal Baths”) is a Texas Corporation doing business in Galveston County Texas. Royal Baths MFG. Co. Ltd. was served via Certified Mail, return receipt requested 9314 7699 0430 0100 8686 20. D. FACTS 17. Plaintiffs filed the above-entitled lawsuit against Taylor Morrison Entities on September 8, 2022. Plaintiffs purchased a home at 4606 Hermosa Arroyo Drive, League City, Texas 77573 (“Home”). Plaintiffs allege construction defects in the Home which allegedly caused “excessive moisture, humidity and toxic mold and mycotoxins.” Plaintiffs further allege that the foregoing conditions within the Home due to alleged design and construction defects 3 have created an “unreasonable and/or dangerous condition to Plaintiffs.” 18. The Taylor Morrison Entities retained Big Tex to install the HVAC system in the Home. 19. Upon information and belief, Taylor Morrison Entities contracted with All Star to provide plumbing services for the Home. 20. Upon information and belief, Taylor Morrison Entities contracted with Chaparral to provide plumbing services for the Home. 21. Upon information and belief, Taylor Morrison Entities contracted with Rodriguez Roofing to provide roofing services for the Home. 22. Upon information and belief, Taylor Morrison Entities contracted with Williams to provide insulation services for the Home. 23. Upon information and belief, Taylor Morrison Entities contracted with Williams Contractor to provide insulation services for the Home. 24. Upon information and belief, Taylor Morrison Entities contracted with BFS to provide frame wind bracing services for the home. 25. Upon information and belief, Taylor Morrison Entities contracted with L&W to provide weather stripping services for the Home. 26. Upon information and belief, Taylor Morrison Entities contracted with City Framers to provide framing services for the Home. 27. Upon information and belief, Taylor Morrison Entities contracted with Royal Baths for shower, tub, and sink installation and design as well as plumbing. 28. Plaintiffs allege the purported defects amounted to negligent construction by Taylor Morrison Entities which caused Plaintiffs to suffer economic damages and personal injury 4 and caused the Taylor Morrison Entities to breach their implied warranties and their contract with Plaintiffs. 29. Plaintiffs allege the following construction-defect failures by the Taylor Entities and the sub-contractors hired by the Taylor Entities: a. failure/defects of the building envelope; b. failure/defects of the HVAC system; c. failure/defects with the shower and tub installation and design. d. failure/defects of the water-proofing system; e. failure/defects of the insulation; f. failure/defect of the roofing system; g. failure/defect of the mechanical equipment; h. failure/defect of the design and construction; and i. failure/defect in the separation of the conditioned and unconditioned areas of the home. 30. In their Third-Party Petition, the Taylor Morrison Entities allege Big Tex breached its contract and caused the following: the claimed construction defects and resulting damages in the Home; and Taylor Morrison Entities’ damages and costs to investigate the claimed construction defects, resulting damages, and to defend themselves against Plaintiffs’ claims. 31. Moreover, Taylor Morrison Entities allege Big Tex breached its express and implied warranties to Taylor Morrison Entities and caused the following damages and costs for Taylor Morrison Entities: to investigate the claimed construction defects and resulting damages; and defend themselves against Plaintiffs’ claims in this lawsuit. Taylor Morrison Entities alleged additional claims against Big Tex, which included negligent construction and/or negligent performance of its contract with Taylor Morrison Entities, that Big Tex was liable to Taylor Morrison Entities for contribution, indemnity, additional insured protection and/or comparative 5 responsibility pursuant to its contracts, applicable statues, in equity, and for reasonable and necessary attorney’s fees. E. CONTRIBUTION 32. Plaintiffs allege specific defects of construction that caused or contributed to the alleged damage to Plaintiff’s Home. 33. Taylor Morrison Entities allege Big Tex is liable, at least in part, for the claimed construction defects alleged by Plaintiff. 34. Big Tex pleads that All Star is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from All Star for any such damages to the extent allowed by Texas law. 35. Big Tex pleads that Chaparral is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from Chaparral for any such damages to the extent allowed by Texas law. 36. Big Tex pleads that City Framers is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from City Framers for any such damages to the extent allowed by Texas law. 37. Big Tex pleads that Rodriguez Roofing is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from Rodriguez Roofing for any such damages to the extent allowed by Texas law. 38. Big Tex pleads that Williams is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from Williams for any such damages to the extent allowed by Texas law. 6 39. Big Tex pleads that Williams Contractor is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from Williams Contractor for any such damages to the extent allowed by Texas law. 40. Big Tex pleads that BFS is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from BFS for any such damages to the extent allowed by Texas law. 41. Big Tex pleads that L&W is liable for all or part of the damages the finder of fact in this action may award Taylor Morrison Entities, if any, and that it is entitled to contribution from L&W for any such damages to the extent allowed by Texas law. F. PRAYER WHEREFORE, Third-Party Defendant/Fourth-Party Plaintiff, Big Tex Air Conditioning, Inc., asks that Fourth-Party Defendants be cited to appear and answer herein, that Big Tex receive judgment against Fourth-Party Defendants, jointly and severally, for contribution and indemnity as provided by law; interest on the judgment on all of the above at the maximum legal rate and for such other and further relief to which Big Tex may show itself to be justly entitled. Respectfully submitted, JOHNSON, TRENT & TAYLOR, L.L.P. By: /s/ Amy Nilsen Amy Nilsen State Bar No. 24027574 Reagan Bibb State Bar No. 24132169 919 Milam, Suite 1500 Houston, Texas 77002 (713) 222-2323 – Telephone (713) 222-2226 – Facsimile Email: anilsen@johnsontrent.com Email:rbibb@johnsontrent.com 7 ATTORNEYS FOR BIG TEX AIR CONDITIONING, INC. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was forwarded on the 3rd day of February 2023. James Rudnicki Via eFileTX Diana Alcala 2508 Ashley Worth Blvd., Suite 300 Austin, Texas 78738 Carl J. Wilkerson Via eFileTX David Jones 200 N. Mesquite St., Suite 200 Arlington, Texas 76011 Attorneys for Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities – League City,LTD. Dax Faubus Via eFileTX The Faubus Firm 1001 Texas Avenue, 11th Floor Houston, Texas 77002 Shaun W. Hodge Via eFileTX Hodge Law Firm, PLLC Old Galveston Square 2211 The Strand, Suite 302 Galveston, Texas 77550 A. Craig Eiland Via FileTX Law Offices of A. Craig Eiland 2200 Market St., Suite 501 Galveston, Texas 77550 Attorneys for Plaintiff Randall L. Beaty Via eFileTX H. Dwayne Newton Newton Jones & McNeely 3405 Marquart 8 Houston, Texas 77027 Attorneys for Arnulfo Rodriguez Roofing Co., Inc. Paul Byron Starr Via eFileTX Germer Beaman & Brown, PLLC One Barton Skyway 1501 S. Mopac Expressway, Suite A400 Austin, Texas 78746 Attorneys for L&W Weatherstripping, LLC Ian M. McLin Via eFileTX Langley & Banack 745 E. Mulberry, Suite 900 San Antonio, Texas 78212 Attorneys for BFS Group, LLC as successor in interest to Builders FirstSource – South Texas, L.P. /s/ Amy Nilsen AMY NILSEN 9 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Linda Reeves on behalf of Reagan Bibb Bar No. 24132169 lreeves@johnsontrent.com Envelope ID: 72449399 Status as of 2/6/2023 10:05 AM CST Associated Case Party: Alejandro Morales Name BarNumber Email TimestampSubmitted Status Shaun Hodge 24052995 shodge@hodgefirm.com 2/6/2023 8:49:26 AM SENT A. CraigEiland ceiland@eilandlaw.com 2/6/2023 8:49:26 AM SENT Patrick Gurski pgurski@eilandlaw.com 2/6/2023 8:49:26 AM SENT Dax O. Faubus 24010019 dax-notice@faubusfirm.com 2/6/2023 8:49:26 AM SENT Associated Case Party: Big Tex Air Conditioning, Inc. Name BarNumber Email TimestampSubmitted Status Carlos A.Balido BalidoEDocsNotifications@wbclawfirm.com 2/6/2023 8:49:26 AM SENT Amy Nilsen anilsen@johnsontrent.com 2/6/2023 8:49:26 AM SENT Kimberly Lewis klewis@johnsontrent.com 2/6/2023 8:49:26 AM SENT Reagan Bibb rbibb@johnsontrent.com 2/6/2023 8:49:26 AM SENT Alicia Freed freededocs@wbclawfirm.com 2/6/2023 8:49:26 AM SENT Associated Case Party: L&W Weatherstripping, LLC Name BarNumber Email TimestampSubmitted Status Paul BStarr pstarr@germer-austin.com 2/6/2023 8:49:26 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Carl Wilkerson cwilkerson@brstexas.com 2/6/2023 8:49:26 AM SENT Tayler Clendenen tclendenen@brstexas.com 2/6/2023 8:49:26 AM SENT Nicole Burrow nburrow@brstexas.com 2/6/2023 8:49:26 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Linda Reeves on behalf of Reagan Bibb Bar No. 24132169 lreeves@johnsontrent.com Envelope ID: 72449399 Status as of 2/6/2023 10:05 AM CST Case Contacts Suzanne Davis sdavis@brstexas.com 2/6/2023 8:49:26 AM SENT Cynthia Rice crice@eilandlaw.com 2/6/2023 8:49:26 AM SENT Jennifer Taylor jtaylor@brstexas.com 2/6/2023 8:49:26 AM SENT Diana MAlcala dalcala@brstexas.com 2/6/2023 8:49:26 AM SENT James Rudnicki james@brstexas.com 2/6/2023 8:49:26 AM SENT David MJones djones@brstexas.com 2/6/2023 8:49:26 AM SENT Associated Case Party: BFS Group, LLC s Name BarNumber Email TimestampSubmitted Status Ian McLin imclin@langleybanack.com 2/6/2023 8:49:26 AM SENT Maureen Purcell mpurcell@langleybanack.com 2/6/2023 8:49:26 AM SENT Shawn Selvidge sselvidge@langleybanack.com 2/6/2023 8:49:26 AM SENT