In a case of "take the money and run," Carlos Vargas has filed suit against contractor Ciro Hernandez and his company, Cirito's, for not finishing repairs on his Hurricane Ike ravaged home.
The suit was filed March 12 in Orange County District Court.
Court papers show that on Jan. 27, 2009, Vargas contracted Hernandez to repair his Bridge City residence, which suffered serious damage after Hurricane Ike made landfall Sept. 13, 2008.
"Plaintiff was to pay defendant $30,000 for the work agreed upon in the contract," the suit states. "Plaintiff paid defendant $23,000; however, defendant abandoned the job, failed to complete the work, and negligently performed some of the work listed in the contract."
In his suit, Vargas says Hernandez failed to produce the receipts showing where the $23,000 had been spent, which his insurance adjuster requested before Vargas could receive more compensation.
"Despite the requests, defendant never responded," the suit states. "Therefore, plaintiff was unable to receive the additional compensation to which he was clearly entitled."
The plaintiff alleges the defendant breached his contract and is suing for economic damages, mental anguish and all court costs.
He is represented by attorney Rocky Lawdermilk.
The case has been assigned to Judge Dennis Powell, 163rdJudicial District.
Case No. B100116-c