Demolition company sues general contractor, seeks payment for services

By Kasey Schefflin-Emrich | Oct 6, 2015

A Lewisville demolition company is suing a general contractor and bonding provider, alleging they failed to provide compensation for labor services.

The United States of America ex relationae Precision Demolition filed a lawsuit Aug. 21 in the Houston Division of of the Southern District of Texas against Hamilton Pacific Chamberlain and Merchants Bonding Company, alleging breach of contract and quantum merit with regards to the Miller Act.

According to the complaint, Hamilton Pacific Chamberlain was the prime contractor on a project involving construction work at the Michael E. DeBakey VA Medical Center in Houston.

The suit states HPC contracted with Merchants Bonding Company to provide a payment bond on the project in favor of the U.S. in an amount equal to the total amount of the contract between them and the Veterans Administration. Additionally, HPC entered into a contract with Precision in which Precision agreed to provide them with skilled labor for the project's bathroom demolition, renovation and remodeling work in exchange for payment, the suit says.

Although Precision performed the requested work from November 2014 through February 2015, and have asked for payment on multiple occasions, the civil action says HPC has failed and refused to pay. The owed unpaid balance amounts to $43,808, according to the suit.

According to the lawsuit, Merchants Bonding Company is liable to Precision as it agreed in the payment bond to pay any of HPC's unsatisfied monetary obligations.

Precision Demolition seeks the unpaid balance for labor services, incidental and consequential damages, attorney fees, court costs and other relief deemed appropriate by the court. It is represented by attorney Karen Ensley of Cutler-Smith in Dallas.

Houston Division of the Southern District of Texas case number 4:15-cv-02418.

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