Building supplier sues home builder for unpaid bills

Kelly Holleran Oct. 2, 2008, 7:28am

Robert Dunham

Orange County Building Materials has filed a breach of contract complaint against Girouard Homes and three individuals, alleging they failed to pay for products OCBM delivered.

Represented by Robert B. Dunham of Sheldon & Dunham in Beaumont, OCBM claims Girouard Homes, Ronnie Girouard and Russell K. and Charlene A. Barker agreed to pay for materials they used when constructing a home at 13322 Rollins Rd. in Winnie, but they have failed and refused to pay.

"There is due and owing Orange County Building Materials, Inc. the sum of $26,665.52 that represents the agreed amount or alternatively the reasonable value of such," the complaint filed Sept. 30 in Jefferson District Court states.

OCBM also claims it entered into an application for credit agreement with Girouard Homes.

OCBM agreed to deliver items the company purchased, and Girouard Homes said it would reimburse OCBM on a monthly basis, but has failed to do so, according to the complaint.

"A systematic record of account has been kept by Plaintiff and such account is just and true and has a current balance of sums due and owing to Plaintiff by Company of $41,983.53, after all just and lawful offsets, credits, or payments have been allowed," the suit states.

In addition to the amount due, OCBM is seeking foreclosure of its lien, attorneys' fees, court costs and prejudgment and post-judgment interest.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D182-472.

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