GALVESTON — A bonding company is suing multiple defendants, alleging they caused the plaintiff financial losses.
American Contractors Indemnity Company, doing business as Texas Bonding Company filed a lawsuit Oct. 10 in the Galveston Division of the Southern District of Texas against Expert House Movers Inc., John P. Matyiko, Mary P. Matyiko, Suzanne Matyiko, EHM Properties LLC, Matyiko Properties LLC, Old Dominion Properties LLC, and Matyiko Design & Build LLC, alleging they failed to comply with the terms of their indemnity agreement.
According to the complaint, Texas Bonding issued performance and payment bonds on behalf of Expert House Movers in connection with multiple construction projects, with a collective sum of more than $5 million. The suit says when Expert House failed to pay its suppliers and subcontractors, the plaintiff suffered losses under the bonds of more than $1,717,472.28.
The plaintiff alleges the defendants were unable to complete the projects, failed and refused to pay indebtedness incurred in connection with the projects and failed and/or refused to pay the surety in an amount sufficient to discharge claims against it.
American Contractors Indemnity seeks trial by jury, judgment against the defendants, jointly and severally, for amounts necessary to exonerate the surety from its liability, an order compelling the defendants to perform their obligations, costs of court and all other relief. It is represented by attorney Gregory M. Weisntein of Weisntein Radcliff Pipikin LLP in Dallas.
Galveston Division of the Southern District of Texas Case number 3:16-cv-00285