Contractor sues to recover payment for hurricane repairs on Galveston condos

John Suayan, Galveston Bureau Oct. 21, 2009, 5:51am

GALVESTON - An Alabama construction company claims a Galveston homeowners association owes it money for work done on a condominium complex in the aftermath of Hurricane Ike, recent court documents say.

Hudak & Dawson Construction Co. Inc. claims in a breach of contract lawsuit filed Oct. 14 in Galveston County District Court that they were fired by Panama Historic Homeowners Association after demanding payment for some invoices covering a six-month period.

"The defendant has failed, and continues to fail, to pay any of the amount currently owed to the plaintiff," the original petition says.

Court papers show that the defendant originally hired Hudak & Dawson in December 2008 to perform repairs to the Panama Historic Condominiums, which sustained severe damage during the Sept. 13, 2008, Category 2 storm.

The plaintiff claims it furnished labor and materials as the general contractor for the ongoing repair of the common elements and individual condominium units of the project.

"The association engaged Hudak & Dawson to furnish such labor and/or material," the suit says.

The complainant says it received some payment for its work at the project's outset, but the association eventually failed to pay the invoices.

After numerous demands for payment, the defendant terminated Hudak & Dawson, the suit says.

"The defendant had reasonable notice that Hudak & Dawson expected compensation for the services and/or materials," it states.

"The defendant has been unjustly enriched by refusing to pay Hudak & Dawson for those services."

Consequently, the plaintiff seeks undisclosed monetary damages including attorney's fees.

San Antonio attorneys Richard L. Reed, Brian R. Gaudet and Mason P. Hester and Atlanta attorney John T. Flynn are representing Hudak & Dawson.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 09CV1919

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