Fabricator seeks $100K for unpaid work at three hotels

Kelly Holleran Oct. 10, 2011, 1:15pm

Ramada Inn, Orange

A Beaumont business claims a construction company owes it more than $100,000 for materials it used on construction at various hotels.

Waynco Sheet Metal, doing business as AC Sheetmetal and Fabrication, filed a lawsuit Sept. 15 in Jefferson County District Court against Rutty and Morris, Chad Rutty and Joseph Samuel Morris.

In its complaint, AC Sheetmetal alleges it provided materials and labor for various construction projects run by Rutty and Morris, Chad Rutty and Joseph Samuel Morris. The projects occurred at the Ramada Inn in Orange, the Homewood Suites in Beaumont and ISTC Baytown in Baytown, according to the complaint.

AC Sheetmetal claims it has not received payment for the work it performed.

"The balance due and owing to Plaintiff is $101,258.38," the suit states.

In its complaint, AC Sheetmetal alleges breach of contract against the defendants.

"Defendants, Chad Rutty and Joseph Samuel Morris, intentionally or knowingly or with intent to defraud, directly or indirectly retained, used, distributed or otherwise diverted these trust funds without first paying all current or past due obligations incurred by the trustees to the beneficiaries," the complaint says.

In addition to the money it says the defendants owe it, AC Sheetmetal seeks attorney's fees of more than $25,000, plus exemplary damages of at least $30,000, interest at the maximum rate, costs and other relief the court deems just.

Daniel D. Clayton of Beaumont will be representing it.

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

Case No. A190-917

More News