Beaumont man sues contractor for inadequate repair job

Kelly Holleran Apr. 15, 2011, 10:15am

A man has filed suit against the construction company he hired for more than $8,000 to perform work that was either not completed or inadequately finished.

A.J. Portier claims he hired Keith Viator, doing business as Yellow Rick Road Co., on Oct. 11, 2009, to perform numerous remodeling projects at Portier's home on Lakeview Circle in Beaumont.

According to the complaint filed March 30 in Jefferson County District Court, Viator was to perform repairs, such as leveling and repairing the bathroom shower. In addition, he was supposed to repair and replace sheet rock in the bedroom ceilings and walls, paint bedroom walls and trim, repair and reinstall the front door and install an attic ladder, the suit states.

Viator also promised Portier he would install wood floors in the hallway, repair gutters and add flushing, install a screen door and a door leading to the garage, fix a bathroom floor and install tile, refinish two wooden doors and stain two plastic doors, the complaint says.

However, none of the repairs were performed to Portier's satisfaction, he claims.

For example, Viator failed to level the bathroom shower or to repair around it. In addition, the sheet rock he replaced and repaired in the bedroom is now cracking and paint has been scattered all over the bedroom carpet after Viator painted the walls, according to the complaint.

The frame around the front door that Viator replaced is now bowing because of the trim he used, the suit states. The ladder to the attic that Viator installed is unsafe to climb because of the way he secured the wood, the complaint says. Wood floors in the hallway were never installed, Portier alleges.

Portier claims he was forced to install gutters himself because Viator never did it and will have to install a screen door and door to the garage himself because the work was also not completed.

Viator failed to install tiles in the bathroom floor and left a wooden door in a raw state, causing it to develop mold, according to the complaint.

In addition, Portier was left for weeks without locks on his doors because Viator broke three deadbolts that he attempted to place on Portier's doors, the suit states.

Not only did Viator inadequately perform the repair work, but he also charged Portier twice for work he performed on wood doors.

In his complaint, Portier alleges deceptive trace practices and breach of contract against Viator.

He seeks actual and economic damages in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the maximum rate allowed by law, attorney's fees, costs and other relief the court deems just.

Laurie R. Farshad of Beaumont will be representing him.

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

Case No. E189-670

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