HOUSTON — A Galveston Toyota dealer alleges an asphalt paving company failed to pay its subcontractors for work done on their parking lots.
Classic Galveston Toyota filed a complaint Feb. 7 in Galveston County District Court against Texas Materials Group Gulf Coast formerly known as Oldcastle Materials Texas Inc., alleging invalid mechanic's lien.
According to the complaint, Classic Galveston Toyota contracted with Mullen Asphalt Paving for lots located on the dealer's property in Galveston. They claim Mullen hired Gulf as a subcontractor for the project and that they provided payment to Mullen who failed to pay all of its subcontractors, including Gulf. Classic Toyota claims that on Feb. 15, 2019, Gulf sent them a notice of lien for $33,451.65 for roadway materials used for the paving project.
Classic Toyota further claims it filed a breach of contract claim against Mullen in June of 2019, for failure to pay its subcontractor. The plaintiffs allege Gulf forfeited its right to enforce the lien by failing to file a lawsuit to foreclose on the lien before the statute of limitations ended on March 15, 2020.
Classic Toyota seeks monetary relief, interest and all other just relief. They are represented by Fred Raschke, Jesse Potts and Rachel Delgado of Mills Shirley LLP in Galveston.
Galveston County District Court case number 23-CV-0209