ST9905-CL090724
CROUCH
&
RAMEY
5<1 11-0 s
A REGISTERED LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AND COUNSELORS
WRITER'S DIRECT NUMBER
EMAIL ADDRESS
(214) 922-7180
jshipp@crouchfirm.com
/
J & T Excavj!tlng
2716 Rerl)ington Dr.
Royse ny, TX 75189
July 24, 2009
VIA CM/RRR 7009 0960 0000 8175 9647
AND FACSIMILE (469) 721-3009
Tis 0 Paving Co.
P. . Box 270040
alias, TX 75227
VIA CM/RRR 7009 09600000 8175 9654
AND FACSIMILE (972) 216-5637
Re: Demand for Payment for Work Performed on Bethel Road/Bass Pro.
Project in Coppell, Texas.
To Whom It May Concern:
This firm represents Murray Construction Company, Inc. ("Murray"). As you are
aware, pursuant to the terms of the agreement between Murray and J& T Excavating
("J& T"), Murray constructed improvements on the above referenced project. In
exchange, J&T agreed to make timely payments to Murray for services rendered.
As of the date of this letter, the past due and currently outstanding amount owed
to Murray and constituting retainage on the project is $56,229.22.
Murray has completed all work, which has been approved and accepted.
Despite repeated requests by Murray on you and your agents, timely payment has not
been made. Your failure to pay constitutes violations of the Texas Prompt Pay Act as
well as the Texas Construction Trust Act.
Pursuant to the Texas Property Code, we request that Tiseo Paving Co. ("Tiseo")
forward this demand letter to the surety. Please provide a copy of the payment bond as
well as the name and address of the surety and its agent so that we can make a claim
on the payment bond.
In a final attempt to resolve this matter amicably without court intervention,
Murray demands full payment of the amount of $56,229.22, which includes past due
interest and attorneys' fees incurred to date. In the event such full payment is not made
by August 28, 2009, Murray will move forward with legal action and will seek the above
referenced amounts as well as all available damages including but not limited to pre and
post judgment interest, costs of court and attorneys' fees.
1445 R055 AVE, SUITE 3600 . DALLAS, TX 75202 . 214.922.7100 . FAX 214.922.7101 . WWW.CROUCHFIRM.COM
July 24, 2009
Page 2
I look forward to hearing from you.
Very truly yours,
JBS/ag
70610.4/267113.1
"it?
John B. Shipp ~- j
cc: ICitY of Coppell
255 Parkway Blvd.
Coppell,TX 75019
City of Grapevine
501 Shady Brook Drive
Grapevine, TX 76051
Tiseo Paving Co.
c/o Registered Agent Arthur Tiseo
419 East Highway 80
Mesquite, TX 75150