Contractor says Penney's never paid for Rita repairs, files lawsuit

David Yates Mar. 25, 2008, 11:00am

A remodeling company has filed suit against J.C. Penney, claiming the retailer never paid for repairs made to local stores following Hurricane Rita.

J.Elliott Custom Builders is seeking $310,000 in actual damages from J.C. Penney and Royal Seal Inc. The builder is also asking for exemplary damages in its lawsuit filed March 24 in Jefferson County District Court.

According to the plaintiff's petition, Custom Builders was contracted for repair and remodel work after Hurricane Rita damaged the J.C. Penney stores at Parkdale Mall in Beaumont and Central Mall in Port Arthur. Royal Seal was J.C. Penney's general contractor and had hired Custom Builders as a sub contractor.

Custom Builders claims it completed all the work it was hired to perform but has not been paid for its services.

The five count suit charges the defendants with breach of contract, quantum meruit, unjust enrichment, common law fraud and negligent misrepresentation.

Custom Builders is demanding a trial by jury and is represented by Bill Voss of The Voss Law Firm.

According to the firm's Web site, The Voss Law Firm, P.C. focuses on business litigation, investment fraud litigation, serious injury cases, mass tort litigation and death cases.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B181-472

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