A defendant has swapped counsel in a suit claiming a coating on the tennis courts installed at Port Arthur Memorial High School has started to peel and chip away from its concrete foundation.
As previously reported, Allco filed a lawsuit March 30, 2012, in Jefferson County District Court against Pro Track & Tennis and Advanced Polymer Technology.
Court records show Pro Track filed an unopposed motion to substitute counsel on Dec. 21, seeking to replace attorney Nicholas Lanza with Greg Wilkins of the Beaumont law firm Orgain Bell & Tucker.
Judge Donald Floyd, 172nd District Court, granted the motion on Jan. 3.
According to the lawsuit, 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.
Allco claims it will be forced to pay more than $50,000 in repair costs.
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 represent Allco.
Case No. E192-253