Bench trial slated in case to stop contractor's lien

David Yates Aug. 22, 2011, 11:43am

A bench trial has been slated in a case brought by Clifford Hardeman, who claims a Beaumont contractor wrongly filed a lien against him.

Hardeman filed a lawsuit April 15, 2010, in Jefferson County District Court against Elton James Senegal, doing business as Elton's Construction.

More than a year later, Judge Gary Sanderson, 60th District Court, will decide the case on Tuesday, Aug. 23.

In his suit, Hardeman claims Senegal filed a mechanic's and material man's lien on Nov. 20, 2009, but contends the lien should be considered invalid.

"The plaintiff will show that the contract for construction of the residence to be built by defendant for the plaintiff, dated October 7, 2008, recorded under Clerk's File No. 2008034223, Real Property Records of Jefferson County, Texas, was for $225,000, and as of this date, the plaintiff has executed checks payable to defendant totaling $247,440, and in addition to this, the plaintiff has paid $19,095 to vendors in order to complete the home," the suit states.

"In addition to this, three sub-contractors have made claims with First American Title totaling $20,637.58 for work on the residence and not paid by the defendant, even though the original construction contract provided an All Bills Paid Affidavit signed by defendant."

Hardeman wants the court to declare Senegal's claim is invalid, to order the lien removed from the title to his property and to award him a judgment for attorney's fees, costs and other relief it deems just.

Eddie R. Schroeder of The Law Office of Eddie R. Schroeder in Beaumont represent him.

Senegal is represented by attorney Keith Watson.

Case No. B186-548

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