Suit says Memorial tennis courts are defective

Kelly Holleran Apr. 17, 2012, 5:57am

A contractor claims a coating on the tennis courts it installed at Port Arthur Memorial High School has started to peel and chip away from its concrete foundation.

Allco filed a lawsuit March 30 in Jefferson County District Court against Pro Track & Tennis and Advanced Polymer Technology.

In its complaint, Allco alleges it hired Pro Track & Tennis as a subcontractor to install a Laykold ColorCoat surfacing system on new tennis courts at Memorial High School. Laykold is a registered trademark product of Advanced Polymer Technology, according to the complaint.

Before installing the coating, the defendants claimed the coating could withstand the normal wear and tear associated with tennis courts. The defendants guaranteed the effectiveness of their product, the suit states. However, Allco claims it now is being forced to refinish the tennis courts.

"After application and installation of the LAYKOLD ColorCoat surfacing system by Pro Track, the coating began to bubble, peel and deteriorate leaving many, if not all, of the tennis court unusable and an eyesore," the complaint says.

Although Allco has notified the defendants of the failure of the coating, they refuse to replace it for free, according to the complaint. Instead, they have offered to repair the courts for $22,346, the suit states.

Now, because of the incident, Allco claims it will be forced to pay more than $50,000 in repair costs.

Allco alleges breach of contract, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligence, breach of express warranty and breach of implied warranty of good and workmanlike manner against the defendants.

Allco seeks all costs it says it has incurred, plus exemplary damages, attorneys' fees, costs, pre- and post-judgment interest at the maximum rate and other relief the court deems just.

C. Scott Mann Jr. and Christopher D. Leavins of Germer Gertz in Beaumont will be representing it.

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

Case No. E192-253

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