Orange County contractors in suit over BISD construction

Kelly Holleran Oct. 14, 2009, 4:20am


An Orange County contractor is seeking more than $30,000 from a subcontractor over uncompleted work on a local school expansion.

JMC Mechanical Inc. filed a lawsuit Oct. 9 in Jefferson County District Court against Orange County Fabrication after it says the fabricator failed to finish a construction project which forced JMC to hire a second subcontractor.

JMC claims it entered into a subcontract with Orange County Fabrication on April 21, 2008, to help with the completion of the Beaumont Independent School District West Brook High School Science Lab and Classroom Expansion Project.

According to the complaint, Orange County Fabrication began work on the project but suddenly ceased work on Aug. 25, 2008.

JMC claims it sent the company a letter explaining that it planned to hire another subcontractor to complete the remaining work, but Orange County Fabrication failed to respond.

For work Orange County Fabrication performed prior to Aug. 25, 2008, JMC paid the company $87,300. That left $88,200 remaining that JMC had promised to pay Orange County upon completion of the project, the complaint says.

"As a result of Defendant's default, Plaintiff was forced to retain a different sheet metal fabricator to complete Defendant's remaining work under the Subcontract at a cost of $120,617.41 ($31,417.41 more than the Subcontract Amount)," the suit states.

In addition to the money it says it is owed, JMC is seeking attorney's fees, costs, pre- and post-judgment interest and other relief to which it may be entitled.

Charles W. Goehringer Jr. of Germer Gertz in Beaumont will be representing it.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E185-109.

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