Beaumont hotel files three suits disputing liens

Kelly Holleran Dec. 6, 2010, 6:44am

The owner of a Beaumont hotel claims three mechanic's and materialman's lien on its property are not valid.

Cardinal Hotel Holdings claims the liens, placed on a Red Roof Inn located at 2310 Interstate 10 South, should be declared void.

Frank Rocha, doing business as Hawkins Plumbing, filed a lien May 13, 2009, in Jefferson County Circuit Court, saying that Cardinal owes him $154,814.59 for work he performed on the property, according to one of three complaints filed Nov. 29 in Jefferson County Circuit Court.

Essex Bros. Management Co. also filed a lien against it, alleging Cardinal owes $10,972 for labor and materials provided for improvements to the property, the suit states.

Finally, Maxey Tile and Stone filed a lien against Cardinal, claiming it failed to pay $31,328 for improvements, the complaint says.

However, Cardinal argues that the liens are unenforceable because it paid the appropriate parties for work that was performed.

"Most of the alleged charges comprising the (Essex Bros.) Claim were dated prior to August 24, 2009," the suit states. "On or about August 24, 2009, Essex provided a Subcontractor's Unconditional Release of Lien which acknowledged that Essex had previously received payments totaling $29,524.25 and that upon receipt by Essex in the amount of $2,525.00, the Release would become effective to fully and finally waive and release any/all liens, claims, liabilities, actions and demands that Essex has or might have against the Project in connection with labor, equipment and/or materials supplied by Essex to the Project."

Cardinal claims Marlin Commercial Contractors, the project's general contractor, paid Essex the $2,525, so the lien should be invalid.

The remaining defendants were also paid in full for their work on the projects, Cardinal claims.

In addition, Rocha's and Maxey Tile's liens are invalid because they failed to comply with notice requirements -- they filed the lien later than the required 15th day of the third month following the beginning of their work on the project, the suit states.

Cardinal wants the liens to be declared invalid and unenforceable and to award it costs and attorney's fees, plus other relief the court deems just.

Robert J. Rockett of Fort Worth will be representing it.

The cases have been assigned to Judge Milton Shuffield, 136th District Court, and to Judge Gary Sanderson, 60th District Court.

Case Nos: D188-874, D188-872, B188-873

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