Couple sues contractor for failing to build home within specified time

Kelly Holleran Jan. 27, 2009, 6:52am

A Jefferson County couple has filed suit against Premier Custom Homes and Developments and Locke and DeBlanc, alleging their new home was supposed to be completed within one year, but Premier failed to build it within the specified time frame.

Tyrone and Bridgette Credit entered into a contract with Premier, through a written agreement with Locke and DeBlanc, which specified the home was to be constructed at 8350 Anastasia in Beaumont for $387,770, according to the complaint filed Jan. 20 in Jefferson County District Court.

After entering into the contract on Sept. 19, 2005, the Credits executed a builder's and mechanic's lien contract for improvements on Jan. 31, 2006, in which Premier agreed to complete the home within 12 months of the Sept. 19 contract, the suit states.

However, Premier did not start building the home until March 28, 2006, the Credits allege.

They also failed to supply the Credits with a full list of subcontractors who worked on the home and failed to complete all work on the Credits home as the contract called for, according to the complaint.

"Defendants deviated from the original proposal and bid without prior written or oral approval," the suit states. "This resulted in expenditures over and above the agreed upon contract price and loaned amount."

In addition, Premier's work on the home was "of poor quality" and the home could not pass windstorm inspection and certification, the Credits claim.

So, they were required to spend more money to fix their home so it met the windstorm criteria, according to the complaint.

Premier failed to pay various subcontractors for their work on the home, which resulted in a lien being placed on the Credits' newly constructed house, the suit states.

Because of their problems with Premier, the Credits claim they sustained damages of the value and total contract price and additional interim loan payments.

They were also required to pay for living expenses, the cost of services to repair the work Premier had incorrectly performed, lost the use of their home and land and experienced emotional strain, pain, suffering and distress, according to the complaint.

Because Premier made alterations to the plans in existence, failed to provide the Credits with a complete list of subcontractors and failed to timely pay the subcontractors, it breached its contract with the Credits, the couple alleges.

Premier also breached its implied warranty of good and workmanlike services to the Credits by failing to work in a timely manner, by failing to perform the work satisfactorily and by failing to construct the home so it would pass windstorm inspection and certification, according to the complaint.

The Credits are seeking a judgment for the value and total contract price, additional interim loan payments over the specified 12 months in the contract, the cost of goods and services used to replace their home, loss of their land and home, unspecified actual, exemplary and treble damages, emotional strain, pain, suffering and distress, pre- and post-judgment interest, attorney's fees, costs and other relief to which they may be entitled.

They are represented by Michael R. McGown of Benckenstein, Norvell and Nathan in Beaumont.

Jefferson County District Court case number: A183-080.

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