Complaint Review: First Texas Homes/Gallery Homes: - Midlothian Texas

I contracted on a new First Texas/Gallery home in the Cotton Creek Ranch Addition in Midlothian in August of 2014 and moved in when it was completed In August of 2015.

Right after we moved in cracks began to appear in the drywall, some of them ten feet long! By the third month of living in my new home, I knew that I had a foundation problem because of the extensive damage inside and outside. I contacted the First Texas Homes warranty dept.  They sent a warranty rep named Daryl to my home. He took pictures, repaired some of the drywall damage, and tried to adjust doors. He agreed with me that I had a foundation problem and said that he would discuss it with his boss asap. Subsequently, I called Daryl several times and left messages, but I never heard from him again.

Three months later in the spring of 2016 things were much worse. All the cracks that had been repaired came back bigger and badder than ever and there were more of them. Again, I contacted the First Texas Homes warranty dept who sent a guy out (I think his name was Gus). He seemed surprised at the extent of the damage. He took many pictures. He said that he would speak with his boss about this right away. He seemed sincere, but I never heard from him again. When I called First Texas corporate about it I was told that Gus had been transferred to an area closer to home.

At this point I started to worry. “What was First Texas up to?” I sent a letter via certified mail to First Texas Homes regarding my experience with their warranty dept. They sent another guy (I think his name was John). He took pictures, he said he’d speak with his boss. He seemed very empathetic. But I never heard from him after that.

So, I hired Ben Thompson, a structural engineer to examine my home. He determined that while my slab hadn’t quite failed yet...it was failing. In early July of 2016, I emailed Ben’s engineer’s report to Mike Cryer, VP at First Texas Homes and to Ken Mass, VP of Strucsure Warranty Group. I also attached to this report a PowerPoint that I put together which included slides of the piers that I had excavated next to my home that should have been under my home holding the house up! I also let both guys know during this exchange that I had discovered via the city of Midlothian’s public information link that my foundation plans had required chemical soil injection. In fact, on the front of the first page of the foundation plans is a prominent text box that reads “Valid only on soils chemically injected to 12 feet”.  

Why did my foundation fail? Because First Texas Homes failed to chemically inject the soil that my home is built on. They didn’t follow their own engineer’s foundation plans. Then, they made bad into worse by mis-placing my home on the lot so that the piers weren’t under the structure and providing support as intended. Clearly, through their own negligent actions, First Texas created a latent and catastrophic defect in my home.

I waited one year for First Texas to repair my foundation. They could have completed it in three weeks.... especially in the beginning before the damage became so bad. 

I want the reader of this to understand that in the thirteen months between November 2015, when I first told First Texas Homes about my foundation problem until November 2016, when I filed a lawsuit, that I sent (3) warranty requests, (3) certified letters, had (2) face-to-face meetings with Mike Cryer VP First Texas Homes, sent First Texas an engineer’s report and a PowerPoint illustrating the piers that were in my yard instead of under my home. I also requested mediation two times. During this time, and despite all my communications, First Texas Homes did not attempt to repair my foundation.

In November 2016, I filed a lawsuit against First Texas Homes.

In April 2017, we attended our first hearing in Ellis county where Judge Cindy Ermatinger, 443rd Judicial District Court, denied us a jury trial and ordered arbitration.

In April of 2018, my wife and I met for arbitration with First Texas Homes and their attorneys. Arbitration lasted only two days. During arbitration, I discovered that the laws in Texas are heavily skewed toward business. According to the attorneys for First Texas (who during trial admitted and apologized for their client’s negligence):

I have no right to damages of any kind.

I have no right to have my attorney’s fees reimbursed

First Texas Homes only must make what they consider a reasonable offer regarding a repair plan or buy-back. (I will only describe their version of reasonable as very unreasonable in my opinion, although other descriptors come to mind!).

A month or so after the arbitration hearing, Judge Ken Rubenstein awarded my wife and I enough money to cover most of our attorney’s fees and the repairs to our home which at this point was badly damaged (the slab had finally failed during the interim). Not a windfall...but we could live with it. We were almost giddy at the thought of fixing our house.

Our victory dance was a short one because in June 2018, First Texas Homes decided to appeal. My attorney says that that an appeal usually takes around a year.

So (as I type), one more year of my house crumbling away. One more year of ups and downs, good news followed by bad news, and never-ending court costs. One more year of daydreaming about a solid and safe home for my four kids to live in. One more year for Justice.

I write this to warn folks about First Texas Homes. Their contracts are long with much “fine print”. We didn’t read every word...we just signed and initialed where we were told to. At that time, we had no reason not to trust them. If you choose First Texas to build your home please read the contract thoroughly, or even better, have an attorney read the contract thoroughly so that you know what you are getting into – your rights are at stake!

Personally, my wife and I chose the high road long ago. We have no animosity towards First Texas Homes. It is not lost on us that there are many families living happily in a First Texas home at this very minute. Certainly, First Texas Homes employs many great people. Some of what my family endured is simply bad luck. Some of it is due to a First Texas construction superintendent who clearly exercised a “less than robust” oversight.

But what does bother me is how First Texas Homes failed to do the right thing when the lights were shining brightest. They know very well that they screwed up and should have just fixed my house. First Texas decided to drag this out as long as possible. And then when it was all finally settled, they chose to appeal a fair judicial decision. First Texas Homes has used the loop-holes of the law against me, and my wife, and our four innocent kids, instead of simply doing the right thing.

I would feel sick if I discovered that another family had to weather the same storm that my family has (and is) because I was unwilling to share my story.

Please be careful if you choose First Texas/Gallery Homes.

Jeff P

Midlothian, Tx

76065