Electric supplier files suit to recover payment for materials

Kelly Holleran Apr. 22, 2009, 7:34am

An electric supply company has filed suit against the Housing Authority of the city of Port Arthur and a construction company, alleging it was not paid for more than $50,000 worth of materials it provided.

Crawford Electric Supply Co. claims Thunderhorse Electric purchased electrical materials, including wire, conduit, boxes, lamps, switchgears, panels and fixtures, from it.

The materials were priced at $51,718.53 and were to be used in the construction of Legacy Senior Housing at 3225 Lake Arthur Drive in Port Arthur, according to the complaint filed April 20 in Jefferson County District Court.

The Housing Authority of the city of Port Arthur owned the building and KRR 1 was the original contractor for the project. Later, KRR 1 entered into a contract with Thunderhorse Electric, which was the company that purchased the material from Crawford.

Since supplying the materials, though, Crawford says it has not been paid any money.

"Plaintiff would further show that the above described materials were purchased for, delivered to and incorporated into the improvements to property located at the Construction Project," the suit states.

Because it supplied the materials, Crawford says that under the Texas Property Code it should have a lien on the building in which the materials were used.

Crawford mailed statutory notices, filed a proper materialman's lien affidavit in the Jefferson County clerk's office and mailed a cop of the lien to both KRR 1 and the Housing Authority, according to the complaint.

In addition to the money Crawford is owed, the company is asking the court to establish its materialman's lien on the land and improvements in the amount of $51,718.53, plus foreclosure of its lien against the land and improvements, a judgment against the housing Authority in the amount of retainage, attorney's fees, pre- and post-judgment interest, costs and other relief to which it may be entitled.

Thomas A. Shiels of Matthews, Stein, Shiels, Pearce, Nott, Eden and Davis in Dallas will be representing it.

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

Jefferson County District Court case number: A183-840.

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