Developer sues builder over allegedly keeping excess profits

By Kelly Holleran | Jan 21, 2009

A developer and home builder are in a legal dispute over allegations the builder swindled more than $40,000 from the property owner.

T & R Partners alleges Johnny Casmore Builders Inc. refused to pay the $41,069.53 due after Casmore built a home on T & R Partners' lot.

T & R Partners and Johnny Casmore Builders entered into a contract on Sept. 21, 2006, in which Casmore agreed to build 17 homes on T & R Partners lots in the Stone Gate Subdivision in Port Arthur, according to the complaint filed Jan. 13 in Jefferson County District Court.

After each home was sold, Johnny Casmore Builders was to be paid $8,000, the suit states.

However, after one of the homes built at 8110 Lemon Tree Court was built and sold for $164,800, Johnny Casmore Builders took the total profit of $49,069.53, T & R Partners alleges.

"Instead of taking the $8,000 builder's fee and providing the remaining $41,069.53 to T & R Partners Inc., Defendants have simply kept the money for no reason and refused to pay Plaintiff," the suit states.

T & R Partners is seeking a judgment within the jurisdictional limits of the court, plus pre- and post-judgment interest, attorney's fees, costs and other relief to which it may be entitled.

It is represented by Richard Schechter of Houston.

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

Case No. E183-016

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