Contractor seeks payment from funeral home over storm repairs

John Suayan, Galveston Bureau Sep. 13, 2010, 6:18pm

GALVESTON - Rolyn Cos. Inc. seeks to recover late payments from Malloy & Son Funeral Home in Galveston for storm repairs performed two years ago, recent court documents say.

In a lawsuit filed Sept. 3 in Galveston County District Court, Malloy & Son contacted Rolyn on Sept. 20, 2008, to repair damage to its business from Hurricane Ike.

Malloy & Son penned an emergency work authorization contract with Rolyn.

Under the terms, Rolyn agreed to provide Malloy & Son with labor and material to complete emergency services and repairs to the property while the latter consented to remit payment on a time and materials basis.

Rolyn claims it incurred $95,554.23 in labor and materials, but alleges the defendant has failed and refused to pay. It also claims it accrued additional amounts of $126,846.71; $89,692.49; and $5,861.74 of which Malloy & Son did not pay.

Consequently, the plaintiff filed a lien on the funeral home earlier this month.

Rolyn intends to retrieve at least the $126,846.71 in question, the original petition says.

Hoover Slovacek LLP is representing the plaintiff, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-2572

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