Contractor sues to recover payment for Ike repairs to retirement home

John Suayan, Galveston Bureau Sep. 12, 2011, 2:50pm

GALVESTON - Rismiller Construction Inc. claims Aldersgate Trust, CWP Edgewater LLC and Charles W. Putnam Jr. owe it $80,000, recent court documents say.

According to a lawsuit filed Sept. 6 in Galveston County Court at Law No. 1, the defendants did not pay Rismiller $82,055 for the post-Hurricane Ike work it performed on a Galveston retirement facility.

The original petition shows the parties entered in a contract on Oct. 7, 2009, which called for the plaintiff to provide construction and restoration services.

The suit states Rismiller obtained a valid WPI-8 windstorm certificate during the course of the construction process, but failed to make payments as required under the terms and conditions of the contract.

"The defendants had reasonable notice that the plaintiff expected compensation for the services performed," the suit says.

"The defendants have refused to make reasonable compensation for the services performed by the plaintiff. The breach by the defendant(s) has caused substantial harm to the plaintiff."

The plaintiff filed both a valid and enforceable material and constitutional liens against the property in January 2010.

In addition to the amount in dispute, a jury trial is sought.

Attorney Shaun W. Hodge of Galveston is representing Rismiller, and Galveston County Court at Law No. 1 Judge John Grady is presiding over the case.

Cause No. 65,966

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