West Enders sued for refusing to pay contractor

David Yates Apr. 28, 2008, 9:42am

A construction company, hired following Hurricane Rita, is pursuing litigation against a West End couple after they allegedly refused to fully pay the contractors for clearing fallen trees and fixing the roof on the couple's property.

J&R Construction filed suit against Thomas and Marilyn Bell on April 25 in the Jefferson County District Court.

According to the company's petition, J&R Construction and the Bells agreed the company would remove fallen trees from the roof and fence of their home and remove all debris to the curb for pick-up by the city of Beaumont.

The suit goes on to says the parties additionally agreed J&R Construction would remove and replace the existing roofing material of the Bells' residence, located on 22nd Street.

"All conditions precedent to the contract have been performed," the suit says. "Defendants breached the contract � when they wrongfully refused to pay Plaintiff all sums of money for the work Plaintiff performed pursuant to the contract."

On Oct. 14, 2005, J&R Construction, under the contract, asked for $4,700 for the removal of the fallen trees. On Dec. 16, 2005, the company presented a claim for $8,913 for the removal and replacement of roofing material under the contract, the suit says.

"Defendants have paid only a portion of the latter claim for payment, leaving a balance due of $1,413," the says. "Because Defendants have refused to honor the claims and pay the just amounts due as promised, Plaintiff asks for judgment against Defendants for damages."

J&R Construction is also suing for attorneys' fees and is represented by M. Dru Montgomery of The Heartfield Law Firm.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D181-664

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