SW08/09-CS100419T H E C 1 T Y O F
COPPELL P Box 5019
255 Parkway Blvd
Coppell, TX 75019
Phone: (972)304 -3679
Fax: (972)304-3570
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ENGINEERING DEPARTMENT
FAX COVER SHEET
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IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304 - 3679
"City of Coppell Engineering - Excellence By Design "
CUPPLES & ASSOCIATES, PLLC
Attorneys At Law
1331 Gemini, Suite 201
Houston, Texas 77058 -2729
Telephone: (281) 218 -8888
Facsimile: (281) 218 -8788
April 19, 2010
Mr. J. David Dodd, III
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Re: Dirtco, LP d /b /a Styles Contracting
Bond No.: ASB509325
Surety: American Safety Casualty Insurance Company
Project: Various
Dear Mr. Dodd:
This is to follow -up on our correspondence and phone conversation regarding the
remaining contract balance due on the captioned project. As you may recall, we represent
A rican Safety Casualt Insurance Com an ,the surety for project. The remaining
contract fun s s •uld be made payable to the surety pursuant to its rights of assignment
and subrogation. As discussed, please forward the ro,,,.,,. ;- - t i for
proper disposition
If you have
to contact me.
ah
CUPPLES & ASSOCIATES, PLLC
Attorneys At Law
1331 Gemini, Suite 201
Houston, Texas 77058 -2729
Telephone: (281) 218 -8888
Facsimile: (281) 218 -8788
April 19, 2010
Mr. J. David Dodd, III
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Re: Dirtco, LP d /b /a Styles Contracting
Bond No.: ASB509325
Surety: American Safety Casualty Insurance Company
Project: Various
Dear Mr. Dodd:
This is to follow -up on our correspondence and phone conversation regarding the
remaining contract balance due on the captioned project. As you may recall, we represent
A rican Safety Casualty Insurance Company, the surety for project. The remaining
contract funds s ould be made payable to the surety pursuant to its rights of assignment
and subrogation. As discussed, please forwar the remaining funds to my attenti for
proper disposition. �- --
If you have any questions or concerns regarding the above, please do not hesitate
to contact me.
Sincerely,
CUPPLES & ASSOCIATES, P
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WILLIAMS, CUPPLES & CHAPMAN, L.L.P.
- Attorneys at Law -
1331 Gemini, Suite 201
Houston, Texas 77058 -2729
Phone: (281) 218 -8888
Fax: (281) 218 -8788
January 19, 2010
The City of Coppell
Finance Department
P.G. Box 9478
Coppell, Texas 75019
VIA E -MAIL: Flnance(a)_Cl.coppell.tx.us
& CMRRR # 7160 3901 9845 8493 3477
& FACSIMILE ('972) 304 -3571
Re: Dirtco, LP d /b /a Styles Contracting
Bond No: ASB509325
Surety: American Safety Casualty Insurance Company
Project: Various
Dear Sir or Madam:
We represent American Safety Casualty Insurance Company (American Safety or
Surety herein) the payment and performance bond surety for Dirtco, LP d /b /a Styles
Contracting (Dirtco, LP), with regard to a City of Coppell construction project. The purpose
of this letter is to provide important information to The City of Coppell, and to make clear
American Safety's view regarding the remaining contract funds now due or that may
become due on this project. Although the City of Coppell has not indicated that Dirtco, LP
is in default under the contract, it is possible that there are existing defaults due to non-
payment of subcontractors and suppliers. Presently, American Safety has received
unresolved payment bond claims and is in the process of investigating same. And it is
strongiy suspected that Dirtco, LP. is currently unable to pay whatever outstanding
obligations it has incurred on this project.
As a consequence of the above, American Safety is exposed to loss under its
payment bond furnished for your project. Accordingly, on behalf of American Safety, we
must demand, that The City of Coppell release no further funds to Dirtco without the in-
advance written consent and direction of American Safety. We make this demand on the
basis of and to protect the Surety's rights of subrogation and to enable the Surety to
protect its interests under its bonds furnished for this project.
The City of Coppell
January 19, 2010
Page 2
WILLIAMS, CUPPLES & CHAPMAN, L.L.P.
It is extremely important that The City of Coppell exercise caution in the payment
of any further contract funds to Dirtco, LP, its assignee or anyone else on its account
because of the issues of non - payment. In addition, due to the claims American Safety is
in receipt of, American Safety believes that under legal and equitable principles, American
Safety has a direct right to receive from The City of Coppell contract funds and retainage,
which would have otherwise been earned by Dirtco, LP if it had paid its subcontractors and
suppliers. This is a long standing right or priority which is established by case law.
Additionally, a legal assignment of the contract balance to American Safety has taken
effect. 'leaser rote that any failure or refusal to obsen a this demand will be prejudicial to
the Surety, and may result in The City of Coppell having to fund any payment of contract
funds and retainage twice.
If you have any questions with regard to this notice, please contact the undersigned
as soon as possible. We will be contacting you shortly to discuss this matter further and
to assure that payments of remaining contract funds and retainage are appropriately made.
In the event that you are in receipt of a document that reflects the Surety's consent to
interim or final payment on this Project, it is by this notice revoked and The City of
Coppell may no longer rely upon it for purposes of payment.
Thank you in advance for your cooperation in this matter. And please notice that
nothing herein shall be deemed to be an estoppel, waiver or modification of any of the
Surety's rights or defenses and the Surety hereby reserves all of its rights and defenses
under any general contracts, agreements, bonds, or applicable law.
Sincerely,
WILLIAMS, CUPPLES & CHAPMAN, L.L.P.
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c. Dirtco, LP d /b /a Styles Contracting
American Safety Casualty Insurance Company
Pfpples Attorney for
Casualty Insurance Company
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