Contractors involved in suit over McDonald gym renovation

David Yates Sep. 17, 2007, 12:00pm

An Allco site

Summit Electric Supply Co. says it supplied nearly $100,000 worth of materials to an Allco Construction, Ltd. subcontractor so it could renovate the McDonald Recreational Sports Facility at Lamar University, but has still not received a payment for its services.

Seeking compensation, Summit Electric filed its breach of contract lawsuit against Allco and Travelers Casualty and Surety Company of America with the Jefferson County District Court on Sept. 12.

According to the plaintiff's original petition, Allco entered into a "public work contract" for more than $25,000 with the Board of Regents of the Texas State University System for the renovation of McDonald Recreational Sports Facility at Lamar University.

"Plaintiff furnished materials to A & A Electric, a subcontractor of Allco ... to carry out certain electrical work on the construction project," the suit said. "A & A has failed to pay plaintiff for said materials. The total principal sum now due…is $90, 847.59."

A section of the Government Code provides that any governmental entity that enters into a public work contract for more than $25, 000 with a prime contractor requires that the contractor execute a payment bond, the suit said, adding that the Texas State University System did execute such a bond.

"Allco executed the bond as principal and defendant Travelers executed the bond as sureties," the suit said. "The payment bond was solely for the protection and use of payment bond beneficiaries, such as Plaintiff, who have a direct contractual with the prime contractor or a subcontractor to supply materials to the public work construction project."

Summit Electric is suing for the payment of the materials, plus all court costs.

The company is represented by attorney Thomas Shiels of the Matthews, Stein, Shiels, Pearce, knott, Eden & Davis law firm.

According to the firm's Web site, Thomas A. Shiels, a partner in the firm, was admitted to the Bar of the State of Texas in 1981, and was subsequently admitted to the Federal District Court for the Northern District of Texas and the United States Court of Appeals for the Fifth Circuit.

Judge Bob Wortham, 58th Judicial District, will preside over the case.

Case No. A180-011

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