Transit Mix sues subcontractor to recover $8K for materials

Kelly Holleran Jun. 13, 2011, 4:38am

A Beaumont company claims a Harris County man and a business owe it more than $8,000 for materials they purchased on credit.

Transit Mix Concrete and Materials Co. filed a lawsuit May 27 in Jefferson County District Court against Mark Taylor Utility Services, Travelers Casualty and Surety Co. and Mark A. Taylor.

In its complaint, Transit alleges it provided Mark Taylor Utility Services unspecified materials from April 2010 through June 2010. Taylor activated a guaranty on payment for the materials and Travelers issued a surety bond, according to the complaint.

"After all just and lawful offsets, credits and payments have been applied, there is a balance due and owing to Plaintiff from Subcontractor in the amount of $8,436, and though often requested, Subcontractor has failed and refused, and still fails and refuses, to pay such amount, or any part thereof," the suit states.

In its complaint, Transit seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus attorney's fees, pre- and post-judgment interest, costs and other relief the court deems just.

Bill Richey of Griffin and Matthews in Beaumont will be representing it.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A190-123

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