Elevator construction at Memorial High stadium subject of lawsuit

Kelly Holleran Mar. 28, 2011, 4:00am

An elevator corporation claims a construction company failed to pay it nearly $10,000 for materials it supplied.

Schindler Elevator Corp. filed a lawsuit March 17 in Jefferson County District Court against Allco, doing business as Allco Construction, and Travelers Casualty and Surety Co.

Schindler claims it sold Allco material to make construction improvements at the Memorial High School stadium located at 2200 Jefferson Drive in Port Arthur.

At the time of the sale, the Port Arthur Independent School District, which owned the property, required Allco provide a payment bond for subcontractors such as Schindler. Travelers granted insurance of the bond, according to the complaint.

Since then, Schindler has sold Allco $94,078 worth of material and has received payment for all but $9,623 of it, the suit states.

Although Schindler has repeatedly demanded the outstanding payment from both Allco and Travelers, which should have paid the money in the event Allco defaulted, it has yet to receive the remaining amount due, the complaint says.

In addition to the money it says the defendants owe it, Schindler seeks pre-judgment interest, attorney's fees, costs, post-judgment interest at the rate of 5 percent per annum and other relief the court deems just.

Charles E. Wear Jr. of the Law Offices of Charles E. Wear Jr. in Arlington will be representing it.

Judge Gary Sanderson, 60th District Court has been assigned to the case.

Case No. B189-607

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