Suit alleges contractor paid twice for same service

Kelly Holleran Jul. 29, 2011, 7:11am

A Beaumont corporation claims it should be reimbursed more than $10,000 after a contractor was able to cash two checks -- both for the same services.

DSW Homes Rita Rehab filed a lawsuit July 21 in Jefferson County District Court against Daniel Santos.

In its complaint, DSW claims it hired Santos to perform residential construction services for it. In return for Santos's work, DSW paid him $12,905 with a check numbered 1376, according to the complaint.

On Aug. 31, however, the bank credited the money back to DSW's account because Santos had failed to sign the back, the suit states. Recognizing the error, DSW wrote Santos another check for the same amount, the complaint says.

"Two days after check 1420 was given to Santos, check 1376 cleared as Santos had redeposited it," the suit states. "On Sept. 7, 2010, check 1420 also cleared. Santos received a double payment."

DSW failed to detect the error until it received its bank statement on Oct. 14, it claims. By then, DSW owed Santos an additional $2,500 for work he had performed, so the company and Santos agreed to deduct that amount from the $12,905 paid to him, according to the complaint. In effect, Santos owed DSW $10,405, the suit states.

Santos acknowledged that he owed DSW the money, but has failed to reimburse the company, the complaint says.

In addition to the money it says Santos owes it, DSW seeks pre- and post-judgment interest at the maximum rate allowed by law, attorney's fees, costs and other relief the court deems just.

Robert E. Booth of Mills Shirley in Galveston will be representing it.

Judge Bob Sanderson, 58th District Court, has been assigned to the case.

Case No. A190-543

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