Contractor sues to recoup $27K debt

John Suayan, Galveston Bureau Mar. 20, 2012, 5:59am

David Wenholz of the Wenholz Law Firm in Austin

GALVESTON - A local contractor has filed suit to recoup approximately $27,000 for a construction job in San Leon.

Arslan Dursic, doing business as Expo Painting and Roofing Co., claims that Bayshore RV Resort Corp. and San Leon resident Bien Nguyen hired him to provide site supervision during the construction of a commercial structure, but underpaid him for his services.

According to the original petition filed March 15 in Galveston County District Court, the parties agreed to the daily rate of $225 for the project.

Dursic worked for 127 days and accumulated charges in the amount of $28,575, the suit says.

The plaintiff asserts that the defendants, however, only paid him $1,600 and currently owe $26,975.

"The defendants accepted the services and materials and had reasonable notice the plaintiff expected to be compensated for the services and materials he provided," the suit says.

"Consequently, the defendants have been unjustly enriched."

It adds Dursic relied on false statements made by the respondents to his own detriment.

"The representations supplied false information for the plaintiff's guidance and the defendants failed to exercise reasonable care or competence in obtaining or communicating the information," the suit says.

Dursic insists he satisfactorily met his contractual obligations.

A jury trial is requested.

The Wenholz Law Firm is representing the plaintiff, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 12-cv-393

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