By Texas News Express Consumer Affairs Investigators
When a tree fell on Brian Davis’s home, he expected the repair process to be stressful. What he did not expect was to find himself caught between an insurance dispute, an appraisal mistake, and a general contractor who took payment for repairs that Texas News Express later found were never fully completed.
Davis hired Gomez Insta Repairs, a general contractor, to repair damage to his home after the tree impact. The work was supposed to be paid from insurance proceeds. But according to Davis, his insurance company, State Farm, initially paid only part of the claimed loss, leaving him fighting to get the full damage amount recognized. While that dispute continued, Davis said Gomez Insta Repairs accepted payment for repairs but completed only part of the work.
Davis told Texas News Express that he repeatedly tried to get the contractor to either finish the repairs or refund the money paid for work that had not been completed. The contractor, however, maintained that the work had been done.
Texas News Express began reviewing the case and brought in a private investigator to examine the payment records, scope of work, insurance documents, and the condition of the home. That investigation found that Davis had paid Gomez Insta Repairs from insurance proceeds for repair items that were not fully completed. After Texas News Express and the investigator contacted the contractor, Gomez Insta Repairs refunded Davis the money connected to the unfinished work.
But the Davis case may not be an isolated incident.
During the investigation, Texas News Express identified other complaints involving Gomez Insta Repairs in which homeowners said the company collected money from insurance payouts, completed only part of the agreed work, and then claimed the job had been finished. In those cases, homeowners alleged they were left with incomplete repairs and little leverage after the contractor had already been paid.
The pattern now appears to have drawn law enforcement attention. According to information reviewed by Texas News Express, the District Attorney’s Office has launched an investigation into Gomez Insta Repairs under the Texas Deceptive Trade Practices Act, a consumer protection law that prohibits false, misleading, or deceptive business practices. The investigation remains ongoing, and no final finding of liability or criminal wrongdoing has been made.
The contractor dispute was only one part of Davis’s problem. His insurance claim with State Farm also became complicated after the parties disagreed over the total amount needed to repair the home. The dispute eventually went through an appraisal process, where an umpire was brought in to resolve the amount of the loss.
According to Davis, the umpire issued a settlement figure but left out several obvious repair items needed to restore the home. Davis said that when the mistake was pointed out, the umpire told him the case could not be reopened because State Farm would sue both the umpire and the insured.
Texas News Express contacted State Farm about that claim. State Farm denied making any such threat and said it had not told the umpire that it would sue him or the homeowner. A State Farm representative indicated the statement may have been the umpire’s attempt to avoid responsibility for his own mistake, because correcting the error could have required the umpire to absorb or account for part of the loss caused by the omission.
After Texas News Express raised the issue with State Farm, the company reviewed the matter and paid Davis for the items that had been left out because of the umpire’s error.
For Davis, the outcome brought some relief after months of frustration. The contractor refunded money for unfinished work, and State Farm paid additional funds connected to the appraisal mistake. But the case highlights a broader consumer concern in Texas: homeowners recovering from storm, fire, or tree damage often rely on insurance proceeds to make their homes livable again, and when contractors take those funds without completing the work, the homeowner may be left with both damage and debt.
Consumer advocates regularly warn homeowners to document every step of a repair project, including the written scope of work, payment schedule, photographs, change orders, invoices, and proof of completion. Paying contractors in stages, rather than all at once, can also reduce the risk of losing insurance proceeds before work is finished.
The Davis case also shows the value of outside scrutiny. Before Texas News Express became involved, Davis said he could not get the contractor to acknowledge the unfinished work or return the money. After the investigation began and the contractor was confronted with the findings, Davis received a refund.
Texas News Express will continue following the District Attorney’s investigation into Gomez Insta Repairs and will update this story if the contractor, State Farm, the umpire, or law enforcement provide additional information.
If you have a problem with a business who hasn’t treated your fairly, contact Texas News Express’ Consumer Affairs Investigations and we will help you hold business accountable.
