UPDATE: Plaintiff pays up in suit against construction company

John Suayan, Galveston Bureau Jun. 13, 2011, 9:42am

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

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