Couple goes after disappearing contractor

David Yates Apr. 30, 2007, 5:00am

Gilbert Adams

A couple whose home was flattened by Hurricane Rita claim the contractors they hired split with the $41,848.69 they paid them without completing the repairs.

Heath and April Ogden are suing Don McRae, Mike Allison and Dennis Gillett for more than $50,000 for breaching their contract. The couple filed their suit with the Jefferson County District Court on April 25.

According to the plaintiff's suit, on July 8, 2006, a contractual agreement was entered into by Heath and the defendants to perform repairs and remodeling work to the Ogdens' home for a total sum of $54,900. The defendant, Allison, following the execution of the contract verbally told the couple that he would do the work for an even $52,000.

The plaintiffs paid the defendants $41,848.69 but the contractors skipped town before the work was completed, the suit said.

The Ogdens claim the defendants are guilty of negligence, gross negligence, conspiracy, fraud, misrepresentation, embezzlement and breach of contract, which were a proximate and producing cause of plaintiffs' damages, the suit says.

The Ogdens also say the defendants are guilty of violating the Deceptive Trade Practices Act. "Plaintiffs are consumers within the meaning of the DTPA because plaintiffs sought or acquired goods or services by lease or purchase in the transaction which is the subject matter of this suit."

The couple is represented by the Law Offices of Gilbert T. Adams.

Judge Donald Floyd, 172nd Judicial District, will preside over the case.

Case No. E179-181

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