A Texas corporation faces suit for allegedly filing an invalid lien.
US Construction Services LLC filed a lawsuit Feb. 19 in the Galveston County District Court against Rodez Contractor's Co. Inc., citing breach of contract, negligence, gross negligence, negligent misrepresentation, fraud, fraudulent misrepresentation, fraud by nondisclosure, breach of warranty and violations of the Texas Deceptive Trade Practices Act.
According to the complaint, the defendant sent proposals to the plaintiff for the concrete portion of the plaintiff's work project at 204 W. Heritage Dr., Friendswood.
US Construction Services state they entered into a subcontracting agreement with the defendant for $198,771. The complaint alleges, as work progressed, the defendant missed several deadlines and performed defective work, which required the plaintiff to hire other subcontractors to complete the defendant's work.
On Dec. 9, 2013, the defendant claimed the plaintiff owed them for performing 94.6 percent of the work and stated it would file a lien if not payed, according to the complaint.
The plaintiff states the defendant subsequently filed a lien, which US Construction Services contends is invalid.
The plaintiff states the defendant's inability and/or refusal to perform under the contract has required US Construction Services to spend amounts above those prescribed under the terms of the contract.
US Construction Services is seeking removal of the invalid lien, damages in excess of $126,121.17, exemplary damages, interest, costs and fees.
The plaintiff is being represented by John J. Patout Jr. and Travis L. Shaw of Patout & Shaw PLLC.
Galveston County District Court Case No. 14-CV-0187
This is a report on a civil lawsuit filed at the Galveston County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.