CJ-2020-1033 - 36th West Properties, LLC v. Cesar Garcia

What's This Case About?

Let’s be real: how hard can it be to slap a roof on a building and not make it bubble, peel, and leak like a broken water balloon? Apparently, for Cesar Garcia, it was harder than brain surgery. Because now he’s staring down a $75,000 lawsuit over what might be the most aggressively botched SPF roof in Oklahoma County history — a disaster so complete it didn’t just fail, it rebelled against the very concept of shelter.

Meet the players. On one side, we’ve got the plaintiffs: 36th West Properties, LLC — a business entity with a name that sounds like a real estate investment firm from a spreadsheet — and two individuals, Shanan Brye Hull and Brittany Cayle Hubble, who apparently own a commercial building together at 6636 NW 36th Street in Bethany, Oklahoma. They’re not suing over a leaky faucet or peeling paint. No, they’re suing because their roof turned into a science experiment gone wrong. On the other side? Cesar Garcia, a contractor doing business (or attempting to do business) as Garcia’s Construction and Remodeling — or maybe just Garcia’s Construction — the filing isn’t sure, and honestly, neither are we. He’s an individual contractor, likely flying solo or with a crew of questionable qualifications, now caught in a legal storm he absolutely did not weatherproof himself against.

So what happened? Let’s set the scene. The plaintiffs had a perfectly functional commercial building. Not a historic landmark, not a haunted warehouse — just a place that probably housed a dry cleaner, a tax prep office, or maybe a very ambitious yoga studio. They wanted to upgrade the roof. Not with shingles, not with metal, but with Spray Polyurethane Foam, or SPF — a high-tech, seamless roofing system that’s supposed to be durable, energy-efficient, and, crucially, watertight. It’s not exactly DIY stuff. It requires precision, training, and a basic understanding of how chemicals react when sprayed at high pressure onto a flat surface. You’d think the guy you hire would know that. But Cesar Garcia? Either he skipped the training, ignored the instructions, or just really hates dry interiors.

According to the petition, Garcia installed the SPF roof — and immediately, things went sideways. The coating didn’t adhere. It started bubbling. It began peeling. It flaked off like bad nail polish. And worst of all? Water started getting inside the building. Let’s pause for a second: the primary job of a roof is to keep water out. This roof failed that mission so spectacularly it might as well have been designed by a leak enthusiast.

The plaintiffs weren’t thrilled. They did the reasonable thing: they told Garcia there was a problem and gave him a chance to fix it. This is called “opportunity to cure” in legal-speak — basically, “Hey, your work is garbage, but you get one do-over before we go nuclear.” And what did Garcia do? According to the filing, he offered “nothing but excuses.” No repairs. No re-spray. No refund. Just shrugs and maybe a few Spanish proverbs about the weather. At that point, the plaintiffs had no choice but to sue — because now they’re not just dealing with a bad roof. They’re dealing with property damage, potential mold, lost tenant income (imagine trying to rent office space that rains indoors), and the growing suspicion that they got scammed by a guy who may or may not have a real business license.

So why are they in court? Legally, they’re making three big claims. First: Breach of Contract — meaning, “You promised to install a working roof, and you didn’t.” Simple enough. They paid for a service, and Garcia failed to deliver it in a workmanlike manner. Second: Negligence — meaning, “Not only did you fail, but you failed because you didn’t care or didn’t know what you were doing.” The filing even suggests Garcia might have hired untrained or unqualified workers, which is like hiring your nephew who watches a lot of YouTube to perform open-heart surgery. Third: Breach of Warranty — which sounds fancy but just means, “You implied this roof would be fit for purpose, durable, and habitable, and it’s literally the opposite of all those things.” In other words, the roof is not just bad — it’s warrantied-wrong.

Now, about that $75,000 demand. Is that a lot? For a roofing job? Depends. A proper SPF roof on a commercial building can cost anywhere from $5 to $10 per square foot. If this is a 5,000-square-foot building, we’re talking $25,000 to $50,000 just to install it correctly. So $75,000 isn’t wildly out of line — especially when you factor in the cost to tear off Garcia’s foam disaster, repair water damage, re-roof properly, and account for lost rental income and legal fees. This isn’t just about the roof. It’s about the ripple effect of one man’s refusal to read the instructions.

And here’s the kicker: the plaintiffs are demanding a jury trial. That means this isn’t just a paperwork fight — it’s going to be a full-blown courtroom drama, with witnesses, photos of peeling foam, and possibly a dramatic demonstration of water intrusion using a spray bottle and a cardboard model. We’re not saying it’ll be Judgment at Oklahoma County, but we are saying it could be the most entertaining property dispute since the great fence-line war of 2018.

So what’s our take? Look, we’ve all had bad contractors. The guy who left the toilet wobbly. The painter who “accidentally” painted the ceiling the same color as the dog. But this? This is next-level. A roof that bubbles and peels immediately isn’t just subpar — it’s an affront to construction itself. The most absurd part? That Garcia thought he could just ghost the problem. You don’t get to install a defective roof and then vanish like a magician. The building remembers. The water remembers. And now, thanks to Oklahoma’s civil court system, the record remembers too.

We’re rooting for the plaintiffs — not just because they got ripped off, but because someone has to stand up for the sanctity of dry indoor spaces. If we don’t hold roofers accountable for basic waterproofing, what’s next? Doors that don’t close? Windows that don’t open? A world where all buildings slowly dissolve into puddles of regret?

No. This is a line in the sand. Or rather, a line in the foam. And we’re here for it.

Case Overview

$75,000 Demand Jury Trial Petition

Jurisdiction

Oklahoma County District Court, Oklahoma

Filing Attorney

Matthew M. McGrew

McGrew, McGrew & Associates, PC

Relief Sought

$75,000 Monetary

Plaintiffs

36th West Properties, LLC business
Rep: Matthew M. McGrew
Shanan Brye Hull individual
Rep: Matthew M. McGrew
Brittany Cayle Hubble individual
Rep: Matthew M. McGrew

Defendants

Cesar Garcia individual

Claims

#	Cause of Action	Description
1	Breach of Contract	Plaintiffs claim Defendant breached their contract by failing to provide workmanlike installation of SPF roofing system.
2	Negligence	Plaintiffs claim Defendant was negligent in the installation of SPF roofing system, causing economic losses and damages.
3	Breach of Warranty	Plaintiffs claim Defendant breached various warranties, including warranty of workmanlike construction, fitness for a particular purpose, and habitability.

Petition Text

986 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY DISTRICT COURT STATE OF OKLAHOMA OKLAHOMA COUNTY 1. 36TH WEST PROPERTIES, LLC, an ) Oklahoma Limited Liability Company, 2. SHANAN BRYE HULL, 3. BRITTANY CAYLE HUBBLE, Plaintiffs, vs. 1. CESAR GARCIA individually and/or ) D/B/A Garcia’s Construction and Remodeling and/or D/B/A Garcia’s Construction, Defendant. Case No. PETITION COMES NOW the Plaintiffs, 36th West Properties, LLC, Shanan Brye Hull and Brittany Cayle Hubble, by and through their attorneys of record, and for their causes of action against the above named Defendant hereby state as follows: VENUE AND JURISDICTIONAL FACTS 1. Plaintiff, 36th West Properties, LLC is an Oklahoma Limited Liability Company. 36th West Properties, LLC’s place of business is within the State of Oklahoma and its members are each citizens of the State of Oklahoma. 2. Plaintiffs, Shanan Brye Hull and Brittany Cayle Hubble, are each citizens of the State of Oklahoma. 3. Defendant, Cesar Garcia, is a citizen of the State of Oklahoma. Upon information and belief, Garcia’s Construction and Remodeling is an unincorporated business owned and operated by Cesar Garcia with its principle place of business located in the State of Oklahoma. Upon information and belief, Garcia’s Construction is an unincorporated business owned and operated by Cesar Garcia with its principle place of business located in the State of Oklahoma. 4. The matters set forth herein occurred in Oklahoma County, State of Oklahoma. Thus, venue is proper pursuant to 12 O.S. §132. 5. The amount in controversy is in excess of Ten Thousand Dollars ($10,000.00). SUBSTANTIVE FACTS 6. Plaintiffs, 36th West Properties, LLC, Shanan Brye Hull and Brittany Cayle Hubble, hereby assert, allege and incorporate paragraphs 1-5 herein. 7. At all times material hereto, Plaintiffs, 36th West Properties, LLC, Shanan Brye Hull and Brittany Cayle Hubble, owned a commercial building located at 6636 NW 36th Street in Bethany, Oklahoma. 8. Plaintiffs, 36th West Properties, LLC, Shanan Brye Hull and Brittany Cayle Hubble, entered into a contract with Defendant, Cesar Garcia, individually and/or with Cesar Garcia d/b/a Garcia’s Construction and Remodeling and/or Garcia’s Construction for the installation of a Spray Polyurethane Foam (SPF) Roofing System for their property located at 6636 NW 36th Street in Bethany, Oklahoma. 9. The SPF roofing system installed by Defendant was not installed correctly. Due to Defendant’s negligence and poor workmanship, the SPF roof coating did not adhere properly, resulting in bubbling and peeling of the coating and allowing water to intrude into the building interior. 10. Plaintiffs provided Defendant with notice of these defects and opportunity to cure the same. Defendant has refused to cure the defects, offering nothing but excuses. COUNT I: BREACH OF CONTRACT 11. Plaintiffs, 36th West Properties, LLC, Shanam Brye Hull and Brittany Cayle Hubble, hereby assert, allege and incorporate paragraphs 1-10 herein. 12. Defendant, Cesar Garcia, individually and/or with Cesar Garcia d/b/a Garcia’s Construction and Remodeling and/or Garcia’s Construction breached its contract with Plaintiffs by failing to provide the work bargained for, by failing to perform the SPF roof installation in a workmanlike manner, by improperly installing the SPF roofing system, and by refusing to remedy/cure the breach once the aforementioned defects were pointed out by Plaintiffs. 13. The acts and omissions of Defendant constitutes a breach of contract for which contractual damages are hereby sought. Plaintiffs also seek attorney fees on their breach of contract claim. COUNT II: NEGLIGENCE 14. Plaintiffs, 36th West Properties, LLC, Shanam Brye Hull and Brittany Cayle Hubble, hereby assert, allege and incorporate paragraphs 1-13 herein. 15. Defendant, Cesar Garcia, individually and/or with Cesar Garcia d/b/a Garcia’s Construction and Remodeling and/or Garcia’s Construction owed a duty of care to Plaintiffs to perform the SPF roofing system installation in a workmanlike manner and to exercise reasonable care. Defendants’ installation of SPF roofing system was negligent, resulting in a bubbling, flaking and peeling finish, poor adhesion, and resultant water intrusion. As a result of Defendant’s negligence, Plaintiffs have sustained economic losses and damages, including but not limited to, property damage, financial losses, attorney’s fees, loss of tenant(s)/rental income, etc. 16. Defendant, Cesar Garcia, individually and/or with Cesar Garcia d/b/a Garcia’s Construction and Remodeling and/or Garcia’s Construction was also negligent in the hiring, retention, supervision, and/or training of its installers, agents, employees, laborers and/or subcontractors. Defendant failed to properly train, supervise, oversee and/or verify the qualifications of its installers, agents, employees, laborers and/or subcontractors. As a result of Defendant’s negligent hiring, retention, supervision, and/or training, Plaintiffs have sustained economic losses and damages, including but not limited to, property damage, financial losses, attorney’s fees, loss of rental income, etc. COUNT III: BREACH OF WARRANTY 17. Plaintiffs, 36th West Properties, LLC, Shanah Brye Hull and Brittany Cayle Hubble, hereby assert, allege and incorporate paragraphs 1-16 herein. 18. Defendant, Cesar Garcia, individually and/or with Cesar Garcia d/b/a Garcia’s Construction and Remodeling and/or Garcia’s Construction also breached the following warranties: warranty of workmanlike construction, free from defects; warranty of fitness for a particular purpose; warranty of habitability; and warranty of merchantability. DEMAND FOR JURY TRIAL 19. The Plaintiffs, 36th West Properties, LLC, Shanah Brye Hull and Brittany Cayle Hubble, demand that the matters set forth herein be determined by a jury of their peers. PRAYER WHEREFORE the Plaintiffs, 36th West Properties, LLC, Shanah Brye Hull and Brittany Cayle Hubble, seek contractual and extra-contractual damages against the Defendant, Cesar Garcia d/b/a D/B/A Garcia’s Construction and Remodeling and/or D/B/A Garcia’s Construction, in an amount in excess of $75,000.00 together with costs, interest, and reasonable attorney’s fees. The Plaintiffs further seek any other relief that this Court deems just and proper. Respectfully submitted, Matthew M. McGrew, OBA# 32065 McGrew, McGrew & Associates, PC 400 N. Walker Ave., Suite 115 Oklahoma City, Oklahoma 73102 (405) 235-9909 Telephone (405) 235-9929 Facsimile [email protected] ATTORNEY FOR THE PLAINTIFFS