On September 08, 2022 a
Answer
was filed
involving a dispute between
Big Tex Air Conditioning, Inc.,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
Morales, Alejandro,
Morales, Brooke,
and
All Star Plumbing Management, Llc,
Arnulfo Rodriguez Roofing Co., Inc.,
Bfs Group, Llc S As Successor In Interest To Builders Firstsource - South Texas, Lp,
Big Tex Air Conditioning, Inc.,
Builder Services Group, Inc.,
Chaparral Plumbing, L.P.,
City Framers, Llc,
L&W Weatherstripping, Llc,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
for Other Civil - Cases
in the District Court of Galveston County.
Preview
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provide plumbing services for the Home.
19. Upon information and belief, Taylor Morrison Entities contracted with Chaparral
to provide plumbing services for the Horne.
20. Upon information and belief, Taylor Monison Entities contracted with Rodriguez
Roofing to provide roofing services for the Home.
21. Upon information and belief, Taylor Morrison Entities contracted with Williams
to provide insulation services for the Home.
22. Upon information and belief, Taylor Mom'son Entities contracted with BFS to
provide frame wind bracing services for the home.
23. Upon information and belief, Taylor Morrison Entities contracted with L&W to
provide weather stripping services for the Home.
24. Upon information and belief, Taylor Mom'son Entities contracted with City
Framers to provide framing services for the Home.
25. Upon information and belief, Taylor Mom‘ison Entities contracted with Royal
Baths for shower, tub, and sink installation and design as well as plumbing.
26. Plaintiffs allege the purported defects amounted t0 negligent construction by
Taylor Morrison Entities which caused Plaintiffs to suffer economic damages and personal injury
and caused the Taylor Morrison Entities to breach their implied warranties and their contract
with Plaintiffs.
27. 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 0f the HVAC system;
failure/defects with the shower and tub installation and design.
failure/defects of the water—proofing system;
failure/defects of the insulation;
failure/defect of the roofing system;
r‘p‘qoz-mgp
failure/defect of the mechanical equipment;
failure/defect of the design and construction; and
failure/defect in the separation of the conditioned and
unconditioned areas of the home.
28. In their Third-Party Petition, the Taylor Mom'son 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 themselvgs against Plaintiffs’
claims.
29. 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
responsibility pursuant to its contracts, applicable statues, in equity, and for reasonable and
necessary attomey’s fees.
E.
CONTRIBUTION
30. Plaintiffs allege specific defects of construction that caused or contributed to the
alleged damage to Plaintiffs Home.
'31. Taylor Morrison Entities allege Big Tex is liable, at least in part, for the claimed
construction defects alleged by Plaintiff.
32. 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 A11 Star for any such damages to the extent allowed by Texas law.
4
33. 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.
34. Big Tex pleads that City Framers is liable for all 0r 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.
35. Big Tex pleads that Rodriguez Roofing is liable for all or part of the damages the
finder 6f fact in this action may award Taylor Mom'son Entities, if any, and that it.is
entitled to
con’m'bution from Rodriguez Roofing for any such damages to the extent allowed by Texas law.
36. 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.
37. Big Tex pleads that BFS is liable for a1] 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.
38. 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 Mom'son 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.
Respectfiflly 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
(71 3) 222-2323 — Telephone
(713) 222-2226 — Facsimile
Email: am'lsen@johnsontrent.com
Email:rbibb@johnsontrent.com
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 30th day of January 2023.
James Rudnicki Via eFileIX
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
Attorneysfor Taylor Morrison of Texas, Inc. and Taylor
Woodrow Communities — League City,LTD.
Dax Faubus Via eFileTX
The Faubus Firm
1001 Texas Avenue, 11““ Floor
Houston, Texas 77002
Shaun W. Hodge Via eFiIeIX
Hodge Law Firm, PLLC
Old Galveston Square
221 1 The Strand, Suite 302
Galveston, Texas 77550
A. Craig Eiland Via FileIX
Law Offices of A. Craig Eiland
2200 Market St., Suite 501
Galveston, Texas 77550
Attorneysfor Plaintifl
Randall L. Beaty Via eFileTX
H.Dwayne Newton
Newton Jones & McNeely
3405 Marquart
Houston, Texas 77027
Attorneysfor Arnulfo Rodriguez Roofing C0., Inc.
‘i
Paul Byron Starr Via eFileTX
Germer Beaman & Brown, PLLC
One Barton Skyway
1501 S. Mopac Expressway, Suite A400
Austin, Texas 78746
Attorneysfor L& W Weatherstripping, LLC
Ian M. McLin Via eFileTX
Langley & Banack
745 E. Mulberry, Suite 900
San Antonio, Texas 78212
Attorneysfor BFS Group, LLC as successor
in interest t0 Builders FirstSource — South Texas, L.P.
/s/Amv Nilsen
AMY NILSEN
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
|reeves@johnsontrent.com
Envelope ID: 72330061
Status as of 2/1/2023 9:20 AM CST
Associated Case Party: Alejandro Morales
Name BarNumber Email TimestampSubmitted Status
Shaun Hodge 24052995 shodge@hodgefirm.com 2/1/2023 8:57:25 AM SENT
A. CraigEiland ceiland@eilandlaw.com 2/1/2023 8:57:25 AM SENT
Patrick Gurski pgurski@eilandlaw.com 2/1/2023 8:57:25 AM SENT
Dax O. Faubus 24010019 dax-notice@faubusfirm.com 2/1/2023 8:57:25 AM SENT
Associated Case Party: Big Tex Air Conditioning, Inc.
Name BarNumber Email TimestampSubmitted Status
Carlos A.Balido BalidoEDocsNotifications@wbclawfirm.com 2/1/2023 8:57:25 AM SENT
Amy Nilsen anilsen@johnsontrent.com 2/1/2023 8:57:25 AM SENT
Kimberly Lewis klewis@johnsontrent.com 2/1/2023 8:57:25 AM SENT
Reagan Bibb rbibb@johnsontrent.com .
2/1/2023 8:57:25 AM SENT
Alicia Freed freededocs@wbclawfirm.com 2/1/2023 8:57:25 AM SENT
Associated Case Party: L&W Weatherstripping, LLC
Name BarNumber Email TimestampSubmitted Status
Paul BStarr pstarr@germer—austin.com 2/1/2023 8:57:25 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Carl Wilkerson cwilkerson@brstexas.com 2/1/2023 8:57:25 AM SENT
Tayler Clendenen tclendenen@brstexas.com 2/1/2023 8:57:25 AM SENT
Nicole Burrow nburrow@brstexas.com 2/1/2023 8:57:25 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: 72330061
Status as of 2/1/2023 9:20 AM CST
Case Contacts
Suzanne Davis sdavis@brstexas.com 2/1/2023 8:57:25 AM SENT
Cynthia Rice crice@eilandlaw.com 2/1/2023 8:57:25 AM SENT
Jennifer Taylor jtaylor@brstexas.com 2/1 /2023 8:57:25 AM SENT
Diana MAlcaIa dalcala@brstexas.com 2/1/2023 8:57:25 AM SENT
James Rudnicki james@brstexas.com 2/1/2023 8:57:25 AM SENT
David MJones djones@brstexas.com 2/1 /2023 8:57:25 AM SENT
Associated Case Party: BFS Group, LLC s
Name BarNumber Email TimestampSubmitted Status
Ian McLin imclin@langleybanack.com 2/1/2023 8:57:25 AM SENT
Maureen Purcell mpurcell@langleybanack.com 2/1/2023 8:57:25 AM SENT
Shawn Selvidge sselvidge@langleybanack.com 2/1/2023 8:57:25 AM SENT
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Preview
"VI V 2 —:lc‘>13 k I . ’ 4fi/I:DO . ' 393‘" D00 r S / ,r f a .\ ‘2.::.~,:£)/S )I p - “4103552625” . Ms / WOMF I'J jOLa/xu Clcwfas Smhmgjas 1 Wou'fi'cl (UL HLLS'I‘G»: [D/uIz/‘(oi‘ far 221mm: rcfi'xcd i'u 2023/ hau‘c mo mime; er i HA [Mil Wash [A55 berry! fomt I Sjlw‘amca (1/, fl/fir Wh’wl Saw 1'“? “formiji joh’w/a: atud,7‘ Camc 7L0 ZM/qucord; (o‘o‘l/ gm roam 9rr‘ Hm 94,,” 7‘0wow H4: fflrrrcf ,orop/r i' WOuU tmp// . provide plumbing services for the Home. 19. Upon information and belief, Taylor Morrison Entities contracted with Chaparral to provide plumbing services for the Horne. 20. Upon information and belief, Taylor Monison Entities contracted with Rodriguez Roofing to provide roofing services for the Home. 21. Upon information and belief, Taylor Morrison Entities contracted with Williams to provide insulation services for the Home. 22. Upon information and belief, Taylor Mom'son Entities contracted with BFS to provide frame wind bracing services for the home. 23. Upon information and belief, Taylor Morrison Entities contracted with L&W to provide weather stripping services for the Home. 24. Upon information and belief, Taylor Mom'son Entities contracted with City Framers to provide framing services for the Home. 25. Upon information and belief, Taylor Mom‘ison Entities contracted with Royal Baths for shower, tub, and sink installation and design as well as plumbing. 26. Plaintiffs allege the purported defects amounted t0 negligent construction by Taylor Morrison Entities which caused Plaintiffs to suffer economic damages and personal injury and caused the Taylor Morrison Entities to breach their implied warranties and their contract with Plaintiffs. 27. 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 0f the HVAC system; failure/defects with the shower and tub installation and design. failure/defects of the water—proofing system; failure/defects of the insulation; failure/defect of the roofing system; r‘p‘qoz-mgp failure/defect of the mechanical equipment; failure/defect of the design and construction; and failure/defect in the separation of the conditioned and unconditioned areas of the home. 28. In their Third-Party Petition, the Taylor Mom'son 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 themselvgs against Plaintiffs’ claims. 29. 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 responsibility pursuant to its contracts, applicable statues, in equity, and for reasonable and necessary attomey’s fees. E. CONTRIBUTION 30. Plaintiffs allege specific defects of construction that caused or contributed to the alleged damage to Plaintiffs Home. '31. Taylor Morrison Entities allege Big Tex is liable, at least in part, for the claimed construction defects alleged by Plaintiff. 32. 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 A11 Star for any such damages to the extent allowed by Texas law. 4 33. 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. 34. Big Tex pleads that City Framers is liable for all 0r 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. 35. Big Tex pleads that Rodriguez Roofing is liable for all or part of the damages the finder 6f fact in this action may award Taylor Mom'son Entities, if any, and that it.is entitled to con’m'bution from Rodriguez Roofing for any such damages to the extent allowed by Texas law. 36. 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. 37. Big Tex pleads that BFS is liable for a1] 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. 38. 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 Mom'son 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. Respectfiflly 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 (71 3) 222-2323 — Telephone (713) 222-2226 — Facsimile Email: am'lsen@johnsontrent.com Email:rbibb@johnsontrent.com 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 30th day of January 2023. James Rudnicki Via eFileIX 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 Attorneysfor Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities — League City,LTD. Dax Faubus Via eFileTX The Faubus Firm 1001 Texas Avenue, 11““ Floor Houston, Texas 77002 Shaun W. Hodge Via eFiIeIX Hodge Law Firm, PLLC Old Galveston Square 221 1 The Strand, Suite 302 Galveston, Texas 77550 A. Craig Eiland Via FileIX Law Offices of A. Craig Eiland 2200 Market St., Suite 501 Galveston, Texas 77550 Attorneysfor Plaintifl Randall L. Beaty Via eFileTX H.Dwayne Newton Newton Jones & McNeely 3405 Marquart Houston, Texas 77027 Attorneysfor Arnulfo Rodriguez Roofing C0., Inc. ‘i Paul Byron Starr Via eFileTX Germer Beaman & Brown, PLLC One Barton Skyway 1501 S. Mopac Expressway, Suite A400 Austin, Texas 78746 Attorneysfor L& W Weatherstripping, LLC Ian M. McLin Via eFileTX Langley & Banack 745 E. Mulberry, Suite 900 San Antonio, Texas 78212 Attorneysfor BFS Group, LLC as successor in interest t0 Builders FirstSource — South Texas, L.P. /s/Amv Nilsen AMY NILSEN 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 |reeves@johnsontrent.com Envelope ID: 72330061 Status as of 2/1/2023 9:20 AM CST Associated Case Party: Alejandro Morales Name BarNumber Email TimestampSubmitted Status Shaun Hodge 24052995 shodge@hodgefirm.com 2/1/2023 8:57:25 AM SENT A. CraigEiland ceiland@eilandlaw.com 2/1/2023 8:57:25 AM SENT Patrick Gurski pgurski@eilandlaw.com 2/1/2023 8:57:25 AM SENT Dax O. Faubus 24010019 dax-notice@faubusfirm.com 2/1/2023 8:57:25 AM SENT Associated Case Party: Big Tex Air Conditioning, Inc. Name BarNumber Email TimestampSubmitted Status Carlos A.Balido BalidoEDocsNotifications@wbclawfirm.com 2/1/2023 8:57:25 AM SENT Amy Nilsen anilsen@johnsontrent.com 2/1/2023 8:57:25 AM SENT Kimberly Lewis klewis@johnsontrent.com 2/1/2023 8:57:25 AM SENT Reagan Bibb rbibb@johnsontrent.com . 2/1/2023 8:57:25 AM SENT Alicia Freed freededocs@wbclawfirm.com 2/1/2023 8:57:25 AM SENT Associated Case Party: L&W Weatherstripping, LLC Name BarNumber Email TimestampSubmitted Status Paul BStarr pstarr@germer—austin.com 2/1/2023 8:57:25 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Carl Wilkerson cwilkerson@brstexas.com 2/1/2023 8:57:25 AM SENT Tayler Clendenen tclendenen@brstexas.com 2/1/2023 8:57:25 AM SENT Nicole Burrow nburrow@brstexas.com 2/1/2023 8:57:25 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: 72330061 Status as of 2/1/2023 9:20 AM CST Case Contacts Suzanne Davis sdavis@brstexas.com 2/1/2023 8:57:25 AM SENT Cynthia Rice crice@eilandlaw.com 2/1/2023 8:57:25 AM SENT Jennifer Taylor jtaylor@brstexas.com 2/1 /2023 8:57:25 AM SENT Diana MAlcaIa dalcala@brstexas.com 2/1/2023 8:57:25 AM SENT James Rudnicki james@brstexas.com 2/1/2023 8:57:25 AM SENT David MJones djones@brstexas.com 2/1 /2023 8:57:25 AM SENT Associated Case Party: BFS Group, LLC s Name BarNumber Email TimestampSubmitted Status Ian McLin imclin@langleybanack.com 2/1/2023 8:57:25 AM SENT Maureen Purcell mpurcell@langleybanack.com 2/1/2023 8:57:25 AM SENT Shawn Selvidge sselvidge@langleybanack.com 2/1/2023 8:57:25 AM SENT . a 3 . 3 r $ 6 . uU wmm . . fi a n c M . § , W M 0 , wg , . v 7 g w w 9 m Q ‘ fi " . , . 2 m r J \ \ 9 \i M E x 2 fl y ? v x . 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