GALVESTON – A Galveston County man is suing over the validity of a mechanic's lien on work the defendant allegedly failed to perform.
David Mullican filed the suit Feb. 2 in Galveston County District Court against Ralph Blanco, individually, and Ralph Blanco, doing business as Air Repair A/C & Heating.
According to the complaint, on Feb. 27, 2007, plaintiff hired the defendant to install a 3-ton central air system and an air-conditioning unit in his property at 1620 Market St., Galveston. There is no signed contract between the parties, the suit states. The plaintiff terminated the defendant a month later after a dispute arose about the defendant's performance, the lawsuit says.
On Aug. 16, 2007, the suit states that the defendant filed an affidavit for subcontractor or derivative claimant for mechanic's and materialman's lien in the amount of $3,180. The plaintiff did not receive a trapping notice relative to this claim, the suit says.
Further, the suit states, the defendant's lien is improper and void because it wasn't filed within the proper time frame. Since the defendant was terminated from the job in March 2007, the suit says the statutory deadline to file the lien would have been June 15, 2007. It was filed Aug. 16, 2007, the suit says.
Demand has been made upon the defendant more than 30 days prior to filing this suit to have the lien removed, but it failed to do so, the lawsuit states.
The plaintiff seeks a judgment removing the lien claimed in the lien affidavit and further seeks judgment clearing plaintiff's title. The plaintiff further seeks attorney fees and court costs. He is represented by Robert E. Booth and Susan L. Pierce of Mills Shirley LLP of Galveston.
Galveston County District Court Case number 16-cv-143