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
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