Steel refurbishing company sued over work on staircase, exterior features

John Suayan, Galveston Bureau Jul. 11, 2011, 6:10am

GALVESTON - Michael Valentine has filed suit against Performance Powder Coating Inc. and employee Tommy Gibson, claiming the defendants improperly performed work on his staircase and other items.

A lawsuit filed June 21 in Galveston County District Court alleges Performance and Gibson breached a contract they entered with Valentine last October.

Recent court documents show the complainant hired the defendants to remove, powder coat and reinstall a spiral staircase; remove and powder coat various large steel letters and numbers and reinstall them on his building; and to remove, polish, clear powder coat and reinstall two 7-foot chromed steel sharks on the same building.

Their agreement required Performance to remove the items, perform the work at its place of business in Kemah and return and reinstall all the items within a two-week period.

Valentine paid the Gibson $1,689.37 in advance in full with a check under his company's name, but claims Performance did not complete any of the tasks, the original petition says.

According to the plaintiff, the defendants did not reinstall the staircase for at least four weeks, did not reinstall the metal letters until last March and have not powder coated or returned the chromed steel sharks.

He adds the staircase was not firmly reattached in place and its coating is chipped.

The suit says Valentine spent time trying to retrieve the sharks to no avail, and his business is affected by the defendants' lack of diligence.

In response, he entered an application for writ of sequestration.

Valentine is representing himself in the case.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 11-cv-1000

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