Appraiser sues for payment of post-hurricane work as field estimator

John Suayan, Galveston Bureau Apr. 17, 2012, 7:27am

GALVESTON - Complaining he was not properly compensated for his appraisal services after Hurricane Ike, Kemah local Scott Gale has filed a lawsuit.

According to recent court documents filed March 26 in Galveston County District Court, Morrison and Morrison Inc. in League City have been in debt to Gale - who it hired to work as a field estimator after the Category 2 storm's landfall in early September 2008 - since July 30, 2009.

Both parties entered into a contract on Sept. 24, 2008, more than a week after the hurricane, which called for the plaintiff to inspect, photograph and provide an estimate of damages inflicted on certain properties known as the Bayou Properties.

The suit asserts that Gale provided "such services" for the defendant as set forth in such agreement under (a) section titled "Description of Subcontractor Services".

"More specifically, the plaintiff substantially completed such services as set forth in the contract and would have been able to complete such estimates had he been timely provided those proposed bids for work necessary to prepare the requested claim for property damages occurring to the properties in question," it says.

"The defendant accepted these services from the plaintiff, with knowledge that the plaintiff expected payment for same."

Gale claims Morrison and Morrison "failed to pay (him) the fee due for such services as set forth in the contract and pursuant to the section of the contract titled 'Compensation Agreement'."

A jury trial is requested.

Attorney Jack D. Ewing is representing the complainant, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-cv-584

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