Construction company seeks consolidation of suits

John Suayan, Galveston Bureau Dec. 19, 2011, 9:21am

GALVESTON - The defendant in a lawsuit over an alleged $170,000 debt in connection to multiple construction projects on the Bolivar Peninsula is asking the court to consolidate two complaints.

DAVPAT LP submitted a motion to consolidate for review by Galveston County 405th District Court Judge Wayne Mallia on Nov. 10, stating it wants Hemphill resident Pat Godwin's two suits targeting it and another against David Hoelzer combined as one.

In his first suit filed before the same court last May, Godwin claims DAVPAT, also known as Paradise Construction, owes him approximately $169,500 for jobs in Galveston and Chambers Counties.

The original petition shows the defendant tabbed the plaintiff to serve as job superintendent over three complete homes and general construction at FOE Eagles Lounge, Paradise Oasis, Island Interiors and David's RV Park.

Godwin worked from January 2009 to September 2010, reportedly having amassed 50 hours per week over a 75-week period.

He says he was paid about $20,000, but is still due some $150,000.

According to Godwin's five-page motion, the three lawsuits should be consolidated because "they involve common questions of law and fact."

"Consolidation will avoid unnecessary costs and prevent delay because the evidence will be presented only once, and a jury will decide the issues between the parties once and forever," the document says.

Case No. 11-cv-804

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