Preview
FILED
9/24/2021 4:24 PM
FELICIA PITRE
1 CIT/IESERVE DISTRICT CLERK
DALLAS CO., TEXAS
Alicia Mata DEPUTY
DC-21-14299
CAUSE NO.
GLEN SPRINGFIELD IN THE DISTRICT COURT OF
Plaintiff,
vs. DALLAS COUNTY, TEXAS
DYNAMIC ROOFING GENERAL
CONTRACTOR, LLC 101st
Defendant JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff, GLEN SPRINGFIELD, and file this his Original Petition against
Defendant, DYNAMIC ROOFING GENERAL CONTRACTOR, LLC, and for cause of action
would respectfully show the Court and Jury as follows:
I
DISCOVERY CONTROL PLAN
Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4
and affirmatively pleads that suit is not governed by the expedited- actions process in Texas
Rule of Civil Procedure 169 because Plaintiff requests monetary relief over $250,000.00
but not more than $1,000,000.00.
ll
PARTIES
Plaintiff, Glen Springfield is an individual residing in Dallas County, Texas.
Defendant, Dynamic Roofing General Contractor, LLC (Dynamic Roofing) is a domestic
limited liability corporation with its principal place of business located at 6829 K Ave #101
Plano, TX 75074. All acts and omissions of Dynamic Roofing, as described herein, were
performed, or neglected by its agents, servants, employees and/or owners, acting in the
PLAINTIFF’S ORIGINAL PETITION PAGE 1 OF7
course and scope of their respective agencies, services, employments and/or ownership.
Service of process on this Defendant can be made by serving Justin Dertinger of Plunk
Smith, PLLC at 1701 Legacy Drive, Suite 2000, Frisco, Texas 75034.
TIL.
JURISDICTION AND VENUE
The Court has jurisdiction over the controversy because the damages sought are within the
jurisdictional limits of the court.
Venue for this suit under the Deceptive Trade Practices Act (DTPA) is proper in Dallas
County under Texas Business & Commerce Code section 17.56 and Texas Civil Practice
and Remedies Code section 15.002(a)(1) because all or a substantial part of the events or
omissions giving rise to the claim occurred in Dallas County, Texas.
Venue for this suit for breach of a written contract is permissive in Dallas County under
Texas Civil Practice & Remedies Code section 15.035(a) because this county was identified
as a place for obligation under the contract to be performed.
TV.
FACTS
On November 11, 2019, at 9418 Baseline Drive, Dallas County, Texas, Plaintiff and
Defendant entered into a contract for Defendant to conduct repairs to the downstairs,
upstairs and exterior portions of Plaintiff's home. Attached as Exhibit A is a copy of the
contract entered between Plaintiff and Defendant. Work performed pursuant to the contract
resulted in multiple damages to Plaintiff's home. A detailed list of Plaintiff's damages is
attached hereto as Exhibit B.
PLAINTIFF’S ORIGINAL PETITION PAGE 2 OF7
8 During the repairs to Plaintiff's home, Defendant damaged property in the home in one or
more ways, including but not limited to, the following:
a. Over-spraying paint throughout the home damaging various items;
b. Improperly installing laminate flooring; and
c. Floor installers damaging baseboards and door jambs
9. In addition to the damaged household property, the following items were missing after
Defendant began work in the Plaintiff's home:
a, Kitchen cabinets;
b Kitchen sink and hardware;
Doorbell;
Hydraulic jack;
Kitchen cabinets;
Pad locks; and
8. A sliding glass door screen.
10. Defendant failed to perform the following contractual obligations detailed in Exhibit A:
a. Replace rotting wood around patio windows;
b. Paint new wood around patio windows and doors; and
c. Reinstall old kitchen cabinets into garage.
ie After Defendant failed to complete their contractual duties, Plaintiff was displaced from
their home and were subject to numerous costs which include but are not limited to, the
following:
a. Housing until the work was completed;
b. Debris and construction trash clean up;
PLAINTIFF’S ORIGINAL PETITION PAGE 3 OF 7
c. Kitchen cleanup after cabinet reinstallation;
d. Additional housing due to the delay of the work being completed; and
e. Repairs caused by Defendant’s actions.
V.
COUNT _1~—DTPA CLAIM
12 Plaintiff is a consumer under the DTPA because Plaintiff is an individual who sought
services by purchase.
13 Defendant is a limited liability corporation that can be sued under the DTPA.
14 Defendant violated the DTPA when defendant breached an implied warranty. Specifically,
Defendant breached the implied warranty of good workmanship. Defendant began repairs
on Plaintiff's home and subsequently damaged various household items in the process of
the repairs. Certain work contracted for with Defendant detailed in Exhibit A, failed to be
performed. Defendant’s conduct left the Plaintiff's home in a far worse condition than it
was prior to their workmanship.
15, Plaintiff gave Defendant notice as required by Texas Business & Commerce Code section
17.505(a), the Texas Residential Construction Liability Act, and Chapter 27 of the Texas
Property Code. Attached as Exhibit C is a copy of the notice letter sent to Defendant, which
is incorporated by reference.
16. Plaintiff seeks damages within the jurisdictional limits of this Court.
17 Additional Damages. Defendant acted knowingly, which entitle Plaintiff to recover treble
economic damages under Texas Business & Commerce Code section 17.50(b)(1).
Defendant knowingly over-sprayed paint in multiple rooms resulting in damaging property
throughout the home. Defendant knowingly improperly installed laminate flooring
PLAINTIFF’S ORIGINAL PETITION PAGE 4 0F7
resulting in damages to Plaintiff's staircase. Defendant knowingly failed to complete work
that was contracted for in Exhibit A.
18 Attorney fees. Plaintiff is entitled to recover reasonable and necessary attomey fees for
prosecuting this suit under Texas Business & Commerce Code section 17.50(d).
VI.
COUNT 2— BREACH OF CONTRACT
19 In addition to other counts, Plaintiff sues Defendant for breach of contract. Paragraphs |
through 18 above are incorporated herein by reference.
20. On November 11, 2019, Plaintiff and Defendant executed a valid and enforceable written
contract. Plaintiff attached a copy of the contract as Exhibit A and incorporate it by
reference. The contract provided that Plaintiff would tender payment in the amount of
$25,161.00 and Defendant would make repairs to the downstairs, upstairs, and exterior
portions of Plaintiff's home.
21 Plaintiff was excused from performing Plaintiff's contractual obligations until after
Defendant made the contractual repairs to Plaintiff's home.
22. Defendant’s breach caused injury to Plaintiff, which resulted in the damages incorporated
by reference in paragraph 11.
VI.
COUNT 3 — NEGLIGENCE
23 In addition to other counts, Plaintiff sues Defendant for negligence. Paragraphs 1 through
22 above are incorporated herein by reference.
24 Defendant breached its duty to Plaintiff and was thus negligent in the performance of their
contractual duties causing significant damage to Plaintiff's home in the course of repairing
PLAINTIFF’S ORIGINAL PETITION PAGE 5 OF7
the downstairs, upstairs, and exterior portions of Plaintiff's home. Defendant over sprayed
paint throughout Plaintiff's home, improperly installed laminate flooring, damaged
baseboards and door jambs while improperly installing laminate flooring, and damaged
various household items in the course of their repair.
25. The acts of negligence by Defendant set forth above in paragraphs 9 through 11 were a
direct and proximate cause of the extensive damages endured by Plaintiff.
VII.
JURY DEMAND
26 Plaintiff demands a jury trial and renders the appropriate fee with this petition.
IX.
CONDITIONS PRECEDENT
27. All conditions precedent to Plaintiff's claim for relief have been performed or have
occurred.
x.
PRAYER
28 For these reasons, Plaintiff asks that the Court issue citation for Defendant to appear and
answer, and that Plaintiff be awarded a judgment against Defendant for the following:
a. Economic damages;
b, Treble damages;
Prejudgment and post judgment interest;
Court costs;
Attomey fees; and
All other relief to which Plaintiff is entitled.
PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF7
Respec ubmitfeg
By
David Cris
State Bar No. 00796417
Courtney Coleman
State Bar No. 24118355
12222 Merit Drive
Suite 1350
Dallas, TX 75251
(214) 691-0003
(214) 691-0016 Facsimile
dcriss@criss-law.com
ccoleman@criss-law.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION PAGE 7 OF7
EXHIBIT A
NTRACT
DYNAMIC ROOFING 3829 K Ave Suite 101 Piano, Texas
fice: (97: 248-9137 * Fax: (972) 76
www. dynroofing.com
N74
ou Can Trust!
ee Ea Estimator Travis Warford
Cell Phone 214-404-1414 Date 11/11/2019
Customer Name len Springfi Contract # a
Company Name
Street Address 9418 Baseline Dr. ee
City Dallas. State TX Zip 735243 Email
Phone Cell Business Fax i
{SPECIFICATIONS DESCRIPTION UNITS }UNIT PRICE; TOTAL PRICE
jDownstairs Remove kitchen cabinets
en
ee
“Install snaplock vinyl floor, inl vapor basrier and trim ea
rall: move/replace ¢ mag rock, tay
oe
Wall crack repairs:
an
tape and float scams
Install wall from kitchen to
| bath
- ———
“Remove popcorn1 acoustic
Paint aceilings, walls and doors jor only ef
es conversion 3 a
Install pantry closet lath at et
cnn pf
Close in returns around pantry walls .
— -
Upstairs es
Install trim around attic access, p
Remove carpet, install laminate snaplock floor
Remove/ replace damaged rock- ceilings and bedroom wall
- — ——4
a 4
Tape, bed, float cra id seam:
a
Remove popcorns
a
Closet conversion tolinen
to closet | ful Lavelad
t dde e s —
Demo stair mirrors —— -
= Soe
Paint w: ‘doors, ceilings a
‘Exterior
ne
Remove / replace rotted 2x2" painted
— on ican Se Erte = foc
Root Completed
. :
[Price does anotot inctade further: supplement HL approves eases through the cartier are in addition to
age: ement and da: on car aetetion. te
bs Gli ouside gacage Serapa. (eo
malin pains bape Arad, Re. atlas te
so bhs ——
$26,232.97
Thisconnact Toubjectio
to Ch27,Property Code. ‘The Provisions ofththat hapee
hag oa affect your right to recover damages from the performance
Taxes incl
ee
contract, if you have a complaint concerning a construction defect arising from the performance of this contract and that defect has not been Discount 1,072.00
through normal warranty service, you must provide notice te the contractor by certified mail, return receipt requested, not later than the 60th Overhead /Profie incl
day before
the day you file suit to recover dasnages ina court
of law. Te notice must refer to Ch.27, Property Cole, and must describe the construction $25,161
ACCEPTED BY 2 ae
LXer at sp fort a
PRINT NAME ce we
SEE eat
——
Note: This Proposal
ony by us if not acceptedin 7 days i: Warford per Dynamic Rooting
EXHIBIT B
9814 Baseline Dr. Damages by Dynamic Roofing
Catagory:
Damage from overspray:
Master Bedroom furniture $10,000.00
Paint on slate floors
New vinyl windows $12,500.00
Fireplace grate $375.00
Bar cabinet $500.00
Master bath cabinet by shower $150.00
Master bath cabinetry around sinks $1,000.00
Samuels fan $50.00
Music stand $50.00
dining room light fixtrue $350.00
door knobs, latches and hinges $675.00
towel holder master $150.00
Master bedroom - vanity lights $400.00
Master Bedroom Ceiling fan and light- paint $450.00
Master Bedroom linen closet paint $125.00
Kitchen stove $1,300.00
Broken Stair light $500.00
Damage from improper laminate floor install: $16,320.36
Flooring nailed down
Improper installation
Sliding glass door floor trim siticoned
Top stair nose trim
Stairs - bad cuts caulked in - nails
Damage to baseboards and door jambs by floor installers $11,785.29
Replace baseboards and damaged door jambs
Repair and repaint damaged drywall
Stolen Missing Items:
Previous Kitchen Cabinets $3,000.00
Kitchen sink and hardware $500.00
Door bell $50.00
hydraulic jack $75.00
kitchen tools from stolen cabinets $100.00
pad locks in missing cabinets $25.00
Sliding glass door screen $200.00
Damage from bad work:
closet shelves and clothes bar $150.00
downstairs bathroom baseboard and wall paint $200.00
New kitchen cabinets $7,500.00
New kitchen counters $1,500.00
Curtains throughout the whole house $7,000.00
Door to garage $250.00
12/14/2020
9814 Baseline Dr. Damages by Dynamic Roofing
Fallen rafters not repaired properly $7,500.00
Livingroom ceiling $3,000.00
Other Damaged Items
Vacuum cleaner $600.00
folding table and chairs used in construction $400.00
Fire alarms $500.00
Security System $1,500.00
Door locks $500.00
Closet door bottom tracks $250.00
step stool used in construction $75.00
Work not done:
Replace rotted wood around patio windows/door $1,450.00
Paint new wood around pation windows/doors $1,400.00
Reinstall old kitchen cabinets into garage $1,000.00
Other Expenses:
Pack out store items and move back in $5,000.00
Housing while work is completed $7,500.00
debri and constructiionn trash clean up garage $300.00
Kitchen cleanup after cabinet reinstall $100.00
Additional housing cost because of delay $26,000.00 13 months @ $2000 ea.
Sum: $134,305.65
12/14/2020
EXHIBIT C
David Criss, Attorney
deriss@criss-law.com
May 13, 2021
Via Certified Mail; Return Receipt Requested
Justin J. Dertinger
Plunk Smith, PLLC
1701 Legacy Drive
Suite 2000
Frisco, Texas 75034
Re: Glen and Valarie Springfield and Dynamic Roofing
Mr. Dertinger:
My firm has been retained to represent Glen and Valerie Springfield, hereinafter “The
Springfields,” regarding a claim against Dynamic Roofing, hereinafter “Dynamic,” for violations
under the Texas Deceptive Trade Practices Act (DTPA), Texas Business & Commerce Code
§17.41 et seq. and/or the Texas Residential Construction Liability Act (RCLA), Chapter 27 of the
Texas Property Code, and various common law claims. This letter is notice of my client’s claim
and attempt to resolve this matter, as required by these statutes.
This claim arose from your client’s engagement in false, misleading, or deceptive acts and
practices that The Springfields relied on to their detriment. Specifically, your clients represented
that the service The Springfields were receiving would be of a particular standard, quality, or grade
and the service they received was far below that standard. Additionally, in some case your clients
represented that work or service had been performed when in fact, no work or service occurred.
As you are aware, The Springfields and Dynamic entered into a contract on November 11, 2019.
This contract was for repairs and improvements to the property located at 9418 Baseline Dr.,
hereinafter “Property.” However, those repairs and improvements never occurred. In fact, the work
that was performed substantially damaged The Springfields property. The representations made
by your client was knowingly false and misleading.
Due to your client’s conduct, my client has incurred thousands of dollars’ in damage to the
Property. These include damages done to various household items, damages stemming from work
not performed, and costs necessary for repair and temporary housing as a result of your client’s
negligence. As you have sent your experts to assess this damage, I am confident you are aware of
these specific damages; however, please contact me if you need additional information. At this
point, my client can demonstrate damages in excess of $150,000, but would resolve this matter for
that amount.
In accordance with Texas Property Code §27.004(a), please advise us, in writing, within
thirty-five (35) days of this notice, if you would like to complete an inspection of the property.
Please contact our office and we will be happy to coordinate a site inspection.
If you contend that this notice fails to comply with any portion of the Texas Property Code
$27.004., please advise us immediately as to the particulars which you contend it fails to comply
with, specifying the statutory section and the actual specific contention and basis of non-
compliance. This would include, but not limited to, any contention of any deficiencies, in form or
substance, or in the service of this notice, or as to the correct name or address of the appropriate
party to be served.
Our intent, for the benefit of our client, is to resolve these losses without the necessity of a
lawsuit. To that end, we formally request that you respond by providing a reasonable offer within
sixty (60) days of receipt of this notice. If our office does not receive a reasonable offer within that
time, we will have no choice but to move forward with litigation after the sixty day notice
requirement under the Texas DTPA. In the event of litigation, my client will seek recovery of
actual damages, attorneys fees and trebled economic damages. At this time, my client is continuing
to incur attorney fees and other related expenses due to your client’s conduct.
Please do not hesitate to contact me with any questions you may have regarding this matter.
We look forward to your timely response in accordance with the provision of Texas Property Code
§27.004.
Sincerely,
David Criss
Page 2 of 2
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.
Robin Gream on behalf of David Criss
Bar No. 00796417
rgream@criss-law.com
Envelope ID: 57594155
Status as of 9/27/2021 12:42 PM CST
Associated Case Party: GLEN SPRINGFIELD
Name BarNumber | Email TimestampSubmitted | Status
David Criss dcriss@criss-law.com 9/24/2021 4:24:42 PM | SENT
Robin Gream rgream@criss-law.com | 9/24/2021 4:24:42 PM | SENT
Preview
FILED 9/24/2021 4:24 PM FELICIA PITRE 1 CIT/IESERVE DISTRICT CLERK DALLAS CO., TEXAS Alicia Mata DEPUTY DC-21-14299 CAUSE NO. GLEN SPRINGFIELD IN THE DISTRICT COURT OF Plaintiff, vs. DALLAS COUNTY, TEXAS DYNAMIC ROOFING GENERAL CONTRACTOR, LLC 101st Defendant JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff, GLEN SPRINGFIELD, and file this his Original Petition against Defendant, DYNAMIC ROOFING GENERAL CONTRACTOR, LLC, and for cause of action would respectfully show the Court and Jury as follows: I DISCOVERY CONTROL PLAN Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4 and affirmatively pleads that suit is not governed by the expedited- actions process in Texas Rule of Civil Procedure 169 because Plaintiff requests monetary relief over $250,000.00 but not more than $1,000,000.00. ll PARTIES Plaintiff, Glen Springfield is an individual residing in Dallas County, Texas. Defendant, Dynamic Roofing General Contractor, LLC (Dynamic Roofing) is a domestic limited liability corporation with its principal place of business located at 6829 K Ave #101 Plano, TX 75074. All acts and omissions of Dynamic Roofing, as described herein, were performed, or neglected by its agents, servants, employees and/or owners, acting in the PLAINTIFF’S ORIGINAL PETITION PAGE 1 OF7 course and scope of their respective agencies, services, employments and/or ownership. Service of process on this Defendant can be made by serving Justin Dertinger of Plunk Smith, PLLC at 1701 Legacy Drive, Suite 2000, Frisco, Texas 75034. TIL. JURISDICTION AND VENUE The Court has jurisdiction over the controversy because the damages sought are within the jurisdictional limits of the court. Venue for this suit under the Deceptive Trade Practices Act (DTPA) is proper in Dallas County under Texas Business & Commerce Code section 17.56 and Texas Civil Practice and Remedies Code section 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County, Texas. Venue for this suit for breach of a written contract is permissive in Dallas County under Texas Civil Practice & Remedies Code section 15.035(a) because this county was identified as a place for obligation under the contract to be performed. TV. FACTS On November 11, 2019, at 9418 Baseline Drive, Dallas County, Texas, Plaintiff and Defendant entered into a contract for Defendant to conduct repairs to the downstairs, upstairs and exterior portions of Plaintiff's home. Attached as Exhibit A is a copy of the contract entered between Plaintiff and Defendant. Work performed pursuant to the contract resulted in multiple damages to Plaintiff's home. A detailed list of Plaintiff's damages is attached hereto as Exhibit B. PLAINTIFF’S ORIGINAL PETITION PAGE 2 OF7 8 During the repairs to Plaintiff's home, Defendant damaged property in the home in one or more ways, including but not limited to, the following: a. Over-spraying paint throughout the home damaging various items; b. Improperly installing laminate flooring; and c. Floor installers damaging baseboards and door jambs 9. In addition to the damaged household property, the following items were missing after Defendant began work in the Plaintiff's home: a, Kitchen cabinets; b Kitchen sink and hardware; Doorbell; Hydraulic jack; Kitchen cabinets; Pad locks; and 8. A sliding glass door screen. 10. Defendant failed to perform the following contractual obligations detailed in Exhibit A: a. Replace rotting wood around patio windows; b. Paint new wood around patio windows and doors; and c. Reinstall old kitchen cabinets into garage. ie After Defendant failed to complete their contractual duties, Plaintiff was displaced from their home and were subject to numerous costs which include but are not limited to, the following: a. Housing until the work was completed; b. Debris and construction trash clean up; PLAINTIFF’S ORIGINAL PETITION PAGE 3 OF 7 c. Kitchen cleanup after cabinet reinstallation; d. Additional housing due to the delay of the work being completed; and e. Repairs caused by Defendant’s actions. V. COUNT _1~—DTPA CLAIM 12 Plaintiff is a consumer under the DTPA because Plaintiff is an individual who sought services by purchase. 13 Defendant is a limited liability corporation that can be sued under the DTPA. 14 Defendant violated the DTPA when defendant breached an implied warranty. Specifically, Defendant breached the implied warranty of good workmanship. Defendant began repairs on Plaintiff's home and subsequently damaged various household items in the process of the repairs. Certain work contracted for with Defendant detailed in Exhibit A, failed to be performed. Defendant’s conduct left the Plaintiff's home in a far worse condition than it was prior to their workmanship. 15, Plaintiff gave Defendant notice as required by Texas Business & Commerce Code section 17.505(a), the Texas Residential Construction Liability Act, and Chapter 27 of the Texas Property Code. Attached as Exhibit C is a copy of the notice letter sent to Defendant, which is incorporated by reference. 16. Plaintiff seeks damages within the jurisdictional limits of this Court. 17 Additional Damages. Defendant acted knowingly, which entitle Plaintiff to recover treble economic damages under Texas Business & Commerce Code section 17.50(b)(1). Defendant knowingly over-sprayed paint in multiple rooms resulting in damaging property throughout the home. Defendant knowingly improperly installed laminate flooring PLAINTIFF’S ORIGINAL PETITION PAGE 4 0F7 resulting in damages to Plaintiff's staircase. Defendant knowingly failed to complete work that was contracted for in Exhibit A. 18 Attorney fees. Plaintiff is entitled to recover reasonable and necessary attomey fees for prosecuting this suit under Texas Business & Commerce Code section 17.50(d). VI. COUNT 2— BREACH OF CONTRACT 19 In addition to other counts, Plaintiff sues Defendant for breach of contract. Paragraphs | through 18 above are incorporated herein by reference. 20. On November 11, 2019, Plaintiff and Defendant executed a valid and enforceable written contract. Plaintiff attached a copy of the contract as Exhibit A and incorporate it by reference. The contract provided that Plaintiff would tender payment in the amount of $25,161.00 and Defendant would make repairs to the downstairs, upstairs, and exterior portions of Plaintiff's home. 21 Plaintiff was excused from performing Plaintiff's contractual obligations until after Defendant made the contractual repairs to Plaintiff's home. 22. Defendant’s breach caused injury to Plaintiff, which resulted in the damages incorporated by reference in paragraph 11. VI. COUNT 3 — NEGLIGENCE 23 In addition to other counts, Plaintiff sues Defendant for negligence. Paragraphs 1 through 22 above are incorporated herein by reference. 24 Defendant breached its duty to Plaintiff and was thus negligent in the performance of their contractual duties causing significant damage to Plaintiff's home in the course of repairing PLAINTIFF’S ORIGINAL PETITION PAGE 5 OF7 the downstairs, upstairs, and exterior portions of Plaintiff's home. Defendant over sprayed paint throughout Plaintiff's home, improperly installed laminate flooring, damaged baseboards and door jambs while improperly installing laminate flooring, and damaged various household items in the course of their repair. 25. The acts of negligence by Defendant set forth above in paragraphs 9 through 11 were a direct and proximate cause of the extensive damages endured by Plaintiff. VII. JURY DEMAND 26 Plaintiff demands a jury trial and renders the appropriate fee with this petition. IX. CONDITIONS PRECEDENT 27. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. x. PRAYER 28 For these reasons, Plaintiff asks that the Court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Economic damages; b, Treble damages; Prejudgment and post judgment interest; Court costs; Attomey fees; and All other relief to which Plaintiff is entitled. PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF7 Respec ubmitfeg By David Cris State Bar No. 00796417 Courtney Coleman State Bar No. 24118355 12222 Merit Drive Suite 1350 Dallas, TX 75251 (214) 691-0003 (214) 691-0016 Facsimile dcriss@criss-law.com ccoleman@criss-law.com ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION PAGE 7 OF7 EXHIBIT A NTRACT DYNAMIC ROOFING 3829 K Ave Suite 101 Piano, Texas fice: (97: 248-9137 * Fax: (972) 76 www. dynroofing.com N74 ou Can Trust! ee Ea Estimator Travis Warford Cell Phone 214-404-1414 Date 11/11/2019 Customer Name len Springfi Contract # a Company Name Street Address 9418 Baseline Dr. ee City Dallas. State TX Zip 735243 Email Phone Cell Business Fax i {SPECIFICATIONS DESCRIPTION UNITS }UNIT PRICE; TOTAL PRICE jDownstairs Remove kitchen cabinets en ee “Install snaplock vinyl floor, inl vapor basrier and trim ea rall: move/replace ¢ mag rock, tay oe Wall crack repairs: an tape and float scams Install wall from kitchen to | bath - ——— “Remove popcorn1 acoustic Paint aceilings, walls and doors jor only ef es conversion 3 a Install pantry closet lath at et cnn pf Close in returns around pantry walls . — - Upstairs es Install trim around attic access, p Remove carpet, install laminate snaplock floor Remove/ replace damaged rock- ceilings and bedroom wall - — ——4 a 4 Tape, bed, float cra id seam: a Remove popcorns a Closet conversion tolinen to closet | ful Lavelad t dde e s — Demo stair mirrors —— - = Soe Paint w: ‘doors, ceilings a ‘Exterior ne Remove / replace rotted 2x2" painted — on ican Se Erte = foc Root Completed . : [Price does anotot inctade further: supplement HL approves eases through the cartier are in addition to age: ement and da: on car aetetion. te bs Gli ouside gacage Serapa. (eo malin pains bape Arad, Re. atlas te so bhs —— $26,232.97 Thisconnact Toubjectio to Ch27,Property Code. ‘The Provisions ofththat hapee hag oa affect your right to recover damages from the performance Taxes incl ee contract, if you have a complaint concerning a construction defect arising from the performance of this contract and that defect has not been Discount 1,072.00 through normal warranty service, you must provide notice te the contractor by certified mail, return receipt requested, not later than the 60th Overhead /Profie incl day before the day you file suit to recover dasnages ina court of law. Te notice must refer to Ch.27, Property Cole, and must describe the construction $25,161 ACCEPTED BY 2 ae LXer at sp fort a PRINT NAME ce we SEE eat —— Note: This Proposal ony by us if not acceptedin 7 days i: Warford per Dynamic Rooting EXHIBIT B 9814 Baseline Dr. Damages by Dynamic Roofing Catagory: Damage from overspray: Master Bedroom furniture $10,000.00 Paint on slate floors New vinyl windows $12,500.00 Fireplace grate $375.00 Bar cabinet $500.00 Master bath cabinet by shower $150.00 Master bath cabinetry around sinks $1,000.00 Samuels fan $50.00 Music stand $50.00 dining room light fixtrue $350.00 door knobs, latches and hinges $675.00 towel holder master $150.00 Master bedroom - vanity lights $400.00 Master Bedroom Ceiling fan and light- paint $450.00 Master Bedroom linen closet paint $125.00 Kitchen stove $1,300.00 Broken Stair light $500.00 Damage from improper laminate floor install: $16,320.36 Flooring nailed down Improper installation Sliding glass door floor trim siticoned Top stair nose trim Stairs - bad cuts caulked in - nails Damage to baseboards and door jambs by floor installers $11,785.29 Replace baseboards and damaged door jambs Repair and repaint damaged drywall Stolen Missing Items: Previous Kitchen Cabinets $3,000.00 Kitchen sink and hardware $500.00 Door bell $50.00 hydraulic jack $75.00 kitchen tools from stolen cabinets $100.00 pad locks in missing cabinets $25.00 Sliding glass door screen $200.00 Damage from bad work: closet shelves and clothes bar $150.00 downstairs bathroom baseboard and wall paint $200.00 New kitchen cabinets $7,500.00 New kitchen counters $1,500.00 Curtains throughout the whole house $7,000.00 Door to garage $250.00 12/14/2020 9814 Baseline Dr. Damages by Dynamic Roofing Fallen rafters not repaired properly $7,500.00 Livingroom ceiling $3,000.00 Other Damaged Items Vacuum cleaner $600.00 folding table and chairs used in construction $400.00 Fire alarms $500.00 Security System $1,500.00 Door locks $500.00 Closet door bottom tracks $250.00 step stool used in construction $75.00 Work not done: Replace rotted wood around patio windows/door $1,450.00 Paint new wood around pation windows/doors $1,400.00 Reinstall old kitchen cabinets into garage $1,000.00 Other Expenses: Pack out store items and move back in $5,000.00 Housing while work is completed $7,500.00 debri and constructiionn trash clean up garage $300.00 Kitchen cleanup after cabinet reinstall $100.00 Additional housing cost because of delay $26,000.00 13 months @ $2000 ea. Sum: $134,305.65 12/14/2020 EXHIBIT C David Criss, Attorney deriss@criss-law.com May 13, 2021 Via Certified Mail; Return Receipt Requested Justin J. Dertinger Plunk Smith, PLLC 1701 Legacy Drive Suite 2000 Frisco, Texas 75034 Re: Glen and Valarie Springfield and Dynamic Roofing Mr. Dertinger: My firm has been retained to represent Glen and Valerie Springfield, hereinafter “The Springfields,” regarding a claim against Dynamic Roofing, hereinafter “Dynamic,” for violations under the Texas Deceptive Trade Practices Act (DTPA), Texas Business & Commerce Code §17.41 et seq. and/or the Texas Residential Construction Liability Act (RCLA), Chapter 27 of the Texas Property Code, and various common law claims. This letter is notice of my client’s claim and attempt to resolve this matter, as required by these statutes. This claim arose from your client’s engagement in false, misleading, or deceptive acts and practices that The Springfields relied on to their detriment. Specifically, your clients represented that the service The Springfields were receiving would be of a particular standard, quality, or grade and the service they received was far below that standard. Additionally, in some case your clients represented that work or service had been performed when in fact, no work or service occurred. As you are aware, The Springfields and Dynamic entered into a contract on November 11, 2019. This contract was for repairs and improvements to the property located at 9418 Baseline Dr., hereinafter “Property.” However, those repairs and improvements never occurred. In fact, the work that was performed substantially damaged The Springfields property. The representations made by your client was knowingly false and misleading. Due to your client’s conduct, my client has incurred thousands of dollars’ in damage to the Property. These include damages done to various household items, damages stemming from work not performed, and costs necessary for repair and temporary housing as a result of your client’s negligence. As you have sent your experts to assess this damage, I am confident you are aware of these specific damages; however, please contact me if you need additional information. At this point, my client can demonstrate damages in excess of $150,000, but would resolve this matter for that amount. In accordance with Texas Property Code §27.004(a), please advise us, in writing, within thirty-five (35) days of this notice, if you would like to complete an inspection of the property. Please contact our office and we will be happy to coordinate a site inspection. If you contend that this notice fails to comply with any portion of the Texas Property Code $27.004., please advise us immediately as to the particulars which you contend it fails to comply with, specifying the statutory section and the actual specific contention and basis of non- compliance. This would include, but not limited to, any contention of any deficiencies, in form or substance, or in the service of this notice, or as to the correct name or address of the appropriate party to be served. Our intent, for the benefit of our client, is to resolve these losses without the necessity of a lawsuit. To that end, we formally request that you respond by providing a reasonable offer within sixty (60) days of receipt of this notice. If our office does not receive a reasonable offer within that time, we will have no choice but to move forward with litigation after the sixty day notice requirement under the Texas DTPA. In the event of litigation, my client will seek recovery of actual damages, attorneys fees and trebled economic damages. At this time, my client is continuing to incur attorney fees and other related expenses due to your client’s conduct. Please do not hesitate to contact me with any questions you may have regarding this matter. We look forward to your timely response in accordance with the provision of Texas Property Code §27.004. Sincerely, David Criss Page 2 of 2 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. Robin Gream on behalf of David Criss Bar No. 00796417 rgream@criss-law.com Envelope ID: 57594155 Status as of 9/27/2021 12:42 PM CST Associated Case Party: GLEN SPRINGFIELD Name BarNumber | Email TimestampSubmitted | Status David Criss dcriss@criss-law.com 9/24/2021 4:24:42 PM | SENT Robin Gream rgream@criss-law.com | 9/24/2021 4:24:42 PM | SENT