A construction company has filed suit against the bricklayer who it claims wrongly filed a lien against it and mistakenly demanded money from the business.
Barclay Builders claims it hired defendant Victoriano Reyes, doing business as Gonzalez Foundation and Leveling, to lay 19,488 bricks at a home in Hamshire. In exchange, Barclay agreed to pay Reyes $300 for every 1,000 bricks laid, plus a flat rate of $1,600, according to the complaint filed Nov. 1 in Jefferson County District Court.
After Reyes completed the work in May, Barclay paid $6,000 on June 7, the suit states.
Despite the payment, Reyes filed a mechanic's lien against Barclay, alleging it still owed Reyes $8,300 for the work he performed, the complaint says. However, Barclay claims it was never informed of the alleged missed payment.
Barclay contends it does not owe Reyes any money and would like to see the mechanic's lien declared as invalid, according to the complaint.
"The filing of the Mechanic's Lien and subsequent refusal to remove the defective Mechanic's Lien was done solely to frustrate the Owners' closing and is an attempt to extort Barclay into paying monies that are not due and owing," the suit states.
In addition to asking the court to declare the mechanic's lien as invalid, Barclay is seeking actual and punitive damages, a release of its bond, attorney's fees, costs, pre- and post-judgment interest at the highest rate allowed by law and other relief the court deems just.
David F. Zwerner of Cohen and Zwerner in Dallas will be representing it.
The case has been assigned to Judge Bob Wortham, 58th District Court.
Case No. A191-284