Contractor who said Penney's never paid for Rita repairs files motion for non-suit

David Yates May 5, 2008, 7:53am

JC Penney's at Parkdale Mall in Beaumont

The remodeling company who filed suit against J.C. Penney and Royal Seal Inc. back in March claiming the retailer never paid for repairs made to local stores following Hurricane Rita has filed a motion for non-suit without prejudice.

J.Elliott Custom Builders sought $310,000 in actual damages from J.C. Penney and Royal Seal Inc and filed its lawsuit March 24 in Jefferson County District Court.

On May 2, The Record received an email from Scott A. Colley, corporate counsel for Royal Seal, noting the suit was in the process of being dismissed.

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.

Custom Builders is represented by Bill Voss of The Voss Law Firm.

Judge Gary Sanderson, 60th Judicial District, is presiding over the case.

Case No. B181-472

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