Flooring company seeks payment for project

John Suayan, Galveston Bureau Nov. 2, 2010, 5:50am

GALVESTON � Sidaro Enterprises LLC claims Preston Engineering and Construction Inc. and 2094 South Shore LLC have failed to pay $40,000 for work, labor and materials it provided as part of a recent flooring installation job.

A lawsuit filed Oct. 25 asks Galveston County 122nd District Court Judge John Ellisor to confirm and foreclose plaintiff Sidaro Enterprises' mechanic's and materialman's liens against a building in League City reportedly owned by one of the defendants.

According to the original complaint, the plaintiff � doing business as Atlas Flooring � contracted with Preston and 2094 South Shore to place travertine, ceramic and porcelain tile, sheet vinyl, carpet and base materials in or around the beginning of this year.

The plaintiff started the project in April and completed it in May.

Defendant Preston made some interim payments, but incurred a remaining $37,086.50 balance which it refused to pay, the suit says.

The suit 

also states that Sidaro Enterprises "fully performed the contract and there are no lawful offsets, credits and payments due to Preston and all conditions precedent to a recovery have been performed or have occurred."

The plaintiff consequently entered an affidavit claiming a mechanic's and materialman's lien on Aug. 12.

"The plaintiff requests that the sheriff or constable seize and sell the building as under execution and in satisfaction of the judgment, to place the purchaser in possession and to apply the sales proceeds to the plaintiff's judgment," the suit says.

Attorney Marshall T. "Mitch" Gaspard of Houston is representing Sidaro Enterprises.

Case No. 10-cv-4020

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