Developer sues supplier over property lien

Kelly Holleran Dec. 21, 2008, 2:29pm

Big Wheel Development Inc. has filed suit against Rural Pipe and Supply, alleging it failed to partially release a lien on 39 lots of a subdivision.

Big Wheel hired Golden Triangle Pipe to perform work at a subdivision Big Wheel was developing called Vista Village, according to the complaint filed Dec. 9 in Jefferson County District Court.

Golden Triangle then hired Rural Pipe as a subcontractor to perform work, the suit states.

Although Big Wheel claims it paid Golden Triangle in full, Golden Triangle failed to pay Rural Pipe.

In turn, Rural Pipe filed an affidavit claiming a mechanic's and materialman's lien on Sept. 8, claiming it was owed $26,014.49, according to the complaint.

The lien encumbered 39 lots of the subdivision, the suit states.

After Golden Triangle paid $17,000 to Rural Pipe, Big Wheel demanded a partial release of the lien on Nov. 7, it claims.

However, Rural Pipe has failed to partially release the lien, according to the complaint.

Because Rural Pipe will not partially release the lien, Big Wheel is not able to close a loan it has pending for construction of houses in Vista Village, the suit states.

Big Wheel is seeking a judgment for unspecified actual, consequential and exemplary damages, attorney's fees, prejudgment and post-judgment interest and other relief to which it is entitled.

The company is represented by Gary M. Riebschlager of Houston.

The case has been assigned to Judge Bob Wortham of the 58th District Court.

Case No. A182-825

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