Lawsuit Over Gated Lake Texoma Condo Tower Could Go To Jury - KTEN.com - No One Gets You Closer

Lawsuit Over Gated Lake Texoma Condo Tower Could Go To Jury

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GRAYSON COUNTY, TX -- A four-year legal battle over repairs at an expensive building at Lake Texoma could be headed to a jury next month.

After the building went up more than 10 years ago, the condo association says residents in the units that go for upwards of $300,000 each started discovering construction defects, and had to pay up to fix their homes.

A lawyer representing the Diamond Pointe Condominium Tower #1 Association says he has 15 witnesses lined up for a two-week trial.

"Has the building pretty much been repaired now or are there still ongoing issues?" KTEN asked. "Ongoing issues and we hope to get them resolved soon," says Association attorney Gene Blanton.

"Obviously, there's a difference of opinion and that's why we're in the courtroom, but we'll just let the jury make that determination," says developer's attorney Mike Wynne.

In court papers, the Association alleges issues with the elevator, doors not opening properly, cracks, water leaks, and septic containment system leaks over the past decade.

They're suing developer Jim Forrest to recover the cost of repairs they say they've been forced to make the 10-story tower off F.M. 84.

"There were some foundation repairs that we needed to do and there are some problems with the building," says Association president Dan Baucum. "It was not built to the specifications, at least that's what we're alleging, and that has allowed some water seepage in certain areas."

"Obviously it cost a little bit to build that. I just didn't understand why there wasn't any more lighting. Like, I come home at 8 o'clock at night and it's like dead," says Teresa Stokes. "I've not ever seen but maybe one floor at a time lit up."

One engineer who studied the building reported problems including cracks and shifting soil in the foundation, but another said that it's normal for the soil to settle under a new building, and any problems were superficial, while the building itself is sound.

"You would think that they would have good structure spending that much money on something like that," says Kelady Williams.

"We've substantially completed most of the work. There are still a few items that still need to be fixed and we feel confident that once we prevail in the lawsuit we'll uh we'll go ahead and get those fixed," says Baucum.

Barring a last minute settlement, it will be up to a jury to decide what happens next. "It's been a long time, I think the parties are ready to get a resolution of it," says Wynne.

"It's set for trial on Feb. 10, so we're moving forward and we'll see what happens," says Blanton.

Residents say people are still living in the building and they enjoy their homes and the view. A real estate agent says none of the problems are visible anymore, even though the condo association says they still have some work left.