Shoe on the other foot for contractor

David Yates Aug. 7, 2007, 10:44am

Contractors often find themselves on the wrong end of a lawsuit, facing allegations of incomplete or shoddy work or run-ups in construction costs. But in a recent Jefferson County suit it is the contractor that is crying foul.

In the case of Jack Brumley (Ram Steel Constructors) vs. Mabry Acquisition Co. (Mabry Castings), the contractor is claiming Ram Steel rebuilt Mabry's Hurricane Rita ravaged properties but still has not received full payment.

Ram Steel filed its breach of contract lawsuit against Mabry with the Jefferson County District Court on Aug. 6.

Although Mabry has already paid Ram Steel for four invoices, Ram Steel says it still hasn't received payment for two outstanding invoices, totaling $35, 823.42.

According to the plaintiff's original petition, back in October of 2005, Ram Steel, a Beaumont grey iron castings supplier, was hired by Mabry to rebuild and remodel its properties damages by the hurricane.

"While no formal contract was created, a course of dealing was established where Ram Steel would perform work and intermittently submit an invoice to Mabry, which it would, in turn, pay," the suit said."

Ram Steel submitted six invoices during the rebuilding process, four of which were paid in full. Hoping to extract payment for the outstanding invoices, Ram Steel is asking for a trial by jury. The case has been assigned to Judge Milton Shuffield, 136th Judicial District.

The plaintiff is suing for $35,823.42 in actual damages, attorney fees and court costs, plus pre and post-judgment interest.

Ram Steel is represented by the Law Offices of David E. Bernsen.

Case No. D179-764

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