UPDATE: May 2, 2o13. According to counsel, this litigation has been settled, with judgment in favor of T & P Barnes.
"Mr. Wiggins paid a premium and T & P Barnes’ attorneys fees and took an assignment of the lien," wrote attorney Albert Lee Giddens in an email to the Record. "Barnes and his work was exonerated."
GALVESTON - Matthew Wiggins argues a lien placed by T & P Barnes Construction LLC on his real property in Kemah is invalid and unenforceable.
According to a lawsuit filed June 1 in Galveston County District Court, T & P Barnes failed to honor a contract between it and Wiggins though the plaintiff paid close to $100,000 for work excluding light and bathroom fixtures.
Wiggins hired T & P Barnes last year, but the defendant filed a lien affidavit against the subject property in October 2010 alleging the plaintiff owed approximately $12,000 for labor and materials it provided the previous six months.
The original petition counters that T & P Barnes performed work "of a poor quality."
"The carpenters that the defendant used were unable to properly use a level and keep everything square," the suit states. "The painters' work was sloppy."
Wiggins adds he specifically pointed out to T & P Barnes several items that required attention during the course of the job, but it ignored each item.
He insists that he was unable to obtain a WPI-8 windstorm certificate because of the defendant's alleged actions.
Wiggins consequently seeks unspecified monetary damages.
Gregg & Gregg, P.C. is representing the plaintiff, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.
Case No. 11-cv-877