Plumbing business claims it is owed $127K for role in construction project

John Suayan, Galveston Bureau Nov. 4, 2013, 10:56am

GALVESTON - Claiming it was underpaid for its role in a construction project, Gilbert Plumbing Co., L.P. has filed a lawsuit.

Recent court papers filed Oct. 25 in Galveston County District Court show that EBCO General Contractor Ltd. owes the plaintiff $127,157.

Both parties had an agreement in which EBCO was to pay Gilbert Plumbing to "install a comprehensive plumbing mechanical system incidental with the construction of a hotel."

The suit says the complainant did furnish and install said plumbing mechanical services as well as submitted documentation for payment on a monthly basis in order to be compensated for the labor and materials furnished for the corresponding month.

EBCO, however, failed to pay for work and materials rendered in February and March of this year, it states.

Gilbert Plumbing asserts the respondent "has issued some payment" in accordance with their agreement, but the latter "has failed and refused and continues to fail and refuse" to pay for everything else.

"The defendant has breached its contract by not paying the plaintiff what is lawfully due to the plaintiff in exchange for the plaintiff's performance of the contract," the original petition says.

Attorney Clark Edgecomb of Tekell, Book, Allen & Morris LLP in Houston is representing Gilbert Plumbing, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-1369

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