Couple claims contractor became aggressive after complaint about performance

By John Suayan, Galveston Bureau | Sep 29, 2010

GALVESTON - A League City couple is suing a Webster contractor for demanding payment on a residential work order the plaintiffs allege went unfulfilled.

Kent and Kimberly Case's lawsuit against Erik Bendini, doing business as A&B Painting and Remodeling Inc., claims Bendini displayed aggressive behavior when they complained about the substandard job the defendant did on their home.

Bendini went as far as to nearly physically harming Kimberly Case, the suit filed Sept. 22 in Galveston County District Court alleges.

According to the complaint, the Cases hired the defendant in April 2009 for the repair and painting of certain items in their home. At the same time, a second proposal for additional work was executed by Kimberly Case and Bendini.

The defendant proceeded with the work, but it quickly became apparent that it was not to the plaintiffs' liking, the suit claims.

The Cases say they sent an e-mail to Bendini in early June 2009 outlining a number of problems which were caused by poor planning and lack of supervision.

"The defendant Bendini, when confronted about the problems, became belligerent with the plaintiffs," the suit says.

"Additionally, the plaintiffs sustained damage to their motor vehicle due to the negligence of the defendant's employees leaving a ladder in the driveway."

Kimberly Case points out that Bendini even confronted her by yelling at her and waving his hands in her face in an offensive manner. She called the police, but authorities on the scene determined the altercation was a civil matter as the defendant had calmed down, the original complaint states.

The plaintiffs say that many attempts were made to get Bendini to finish the work, but the defendant ignored their requests and threatened legal action.

"Since the plaintiffs were contesting the defendant's performance on the contract and the defendant did in fact fail to complete the job, payment was not submitted," the suit says.

According to the Cases, Bendini filed a lien on their home in September 2009 without providing them statutory notice.

Attorney A. Michelle Fulton of League City is representing the plaintiffs.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 10-cv-3586

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