GREENVILLE — A state district judge has denied a motion from one of the defendants named in a more than three-year old pending lawsuit regarding the construction of the Hunt County Criminal Justice Center.

One of companies the being sued by Hunt County was seeking a dismissal of the claims. Attorneys for Baird, Hampton and Brown Incorporated had also filed a general denial of the allegations raised by the Greenville law firm of Scott, Money & Ray, also arguing the suit was filed too late.

But during a Thursday hearing in the 196th District Court, Judge Stephen Tittle denied the motion to dismiss.

Attorney Daniel W. Ray, who is representing Hunt County, was pleased with the judge’s ruling.

“The County wholeheartedly agrees with the Judge, and I believe this decision was proper and in keeping with the Legislature’s intent in tort-reform legislation,” Ray said. “If the Defendant ... decides to appeal this ruling, it can file an interlocutory appeal in either the Dallas or Texarkana courts of appeal.  Because the appeal would put the rest of the case on hold, it would be an ‘accelerated appeal,’ but could still potentially last over a year.  It could last longer than that if it is appealed to the Texas Supreme Court.”

The county’s attorneys are seeking to recover up to $30 million in damages from the litigation.

Hunt County formally filed suit against two Fort Worth firms in January 2009, accusing the engineers and architects behind the construction of the jail of failing to adhere to warnings the structure was being built on unstable soil.

The building has reportedly experienced numerous problems with cracks in the walls and other damage since shortly after it opened. The county was originally seeking up to $10 million in damages.

In May 2009, the Commissioners agreed to a $770,000 settlement with Burns Architecture Incorporated, the architects involved with the construction of the jail.

 The company was later dismissed from the suit, which remained pending against Frank W. Neal & Associates, the engineers involved.

The attorneys for Frank W. Neal & Associates have sought a change in venue for the trial in the suit, claiming the problems with the jail have been so heavily publicized in the Herald-Banner that the company could not receive a fair trial in Hunt County.

Scott, Money & Ray filed a third amended petition in the case May 25, naming Baird, Hampton and Brown as one of seven defendants in the suit, alleging the company’s engineering on the jail failed to meet the applicable standards for civil engineering services in Texas.

In addition to the general denial of the claims, attorneys for Baird, Hampton and Brown have argued the petition was filed beyond the statute of limitations, as the jail had been constructed more than 10 years ago.