SOUTHEAST TEXAS RECORD

A Beaumont couple has filed suit against Ace Siding Roofing and Remodeling and its owner, alleging their house was not repaired in a good and workmanlike manner.

James D. and Catherine M. Shoemaker hired Tony Bleuel in August 2005 to repair and remodel their home, according to the complaint filed Nov. 6 in Jefferson County District Court.

Bleuel's work was interrupted by Hurricane Rita, but was completed in the winter of 2006, the suit states.

However, the work was "done poorly, resulting in substantial damages to the home," the Shoemakers allege.

For example, nails on the roof pop out of its plywood deck and lift shingles and are a risk for leaks, soft and dry rot spots are in the roof and there is warped plywood decking that is visible, according to the complaint.

Also, the wrong French door threshold was installed and "water sheets down the door and penetrates the interior of the home when it rains," there is no insulation on the wood siding substrate walls and the vinyl siding does not reach the foundation at the back of the house, causing the plywood to deteriorate, the suit states.

Vinyl siding installation was "improper," the suit states. "There are gaps where the wall meets the soffit and the fasica metal covering the breaks cannot slip under the drip edge flashing. The siding rolls in and out against the house."

Because of Bleuel's work, water comes into the Shoemaker's house when it rains and wood is rotting around the bottom of the house, the couple alleges.

The Shoemakesrs claim Bleuel has breached his contract and an implied warranty of good and workmanlike performance.

Bleuel is liable for the cost of repairs, which is estimated to be $13,000, according to the complaint.

The Shoemakers are seeking unspecified damages within the limit of the court, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, attorney's fees, costs and other relief the court deems just.

Thomas O. Moses of Beaumont will be representing them.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D182-676