CF-Village-CS 890912 GINN, INC. CONSULTING ENGINEERS
September 12, 1989 '~[~ (~ ~ ~ff ~ ~
Mr. Russell D~le, P.E., City Engineer SEP ] 3 1989
City of Copj~ll~
Post Offie~eBox 478 .i
Cop~rexas 75019
Re: ' Village Parkway Pump Station Liens
Dear Mr. Doyle:
We have reviewed the attached liens by Garland Heating and Air Conditioning
and do not believe that a financial problem exists with the General Contractor
on this project. Some subcontractors, as a standard business practice, will
file a lien with the submission of each application for payment in order to
protect their rights. Other liens are filed when invoices between suppliers
and subcontractors miss the cut off for monthly applications for payment, and
thus delay payment to the supplier.
While we are uncertain as to the legality of a lien on a public project, the
Contractor must present certification and verification that the project is
free of liens prior to release of final payment and retainage. In addition,
his bonding company must consent to the final payment and the release of
retainage. At that point, the bonding company becomes financially responsible
for any outstanding claims. The City also has the contractual right to
withhold additional amounts to satisfy claims if necessary. To date, the City
has retained $95,799.45 on this project which is far in excess of the claims.
We will continue to review all claims of which we are made aware. At this
time, we feel the claims are simply accounting matters between the General
Contractor, the subcontractors, and the suppliers and are not a reflection of
the financial soundness of the parties involved.
Please contact us if you need additional information or have any questions
regarding this matter.
Sincerely,
San?ord W. CaSe, P.E.
attachments
cc: Steve Goram, Director of Public Works
Larry Jackson, City Attorney
Frank Trando, Finance Director
H. Wayne Ginn, P.E.
Karl Hirschey, Cajun Contractors, Inc.
File 380
17103 Preston Road · Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900
· AIR CONDITION~NO
~ Y I ~ SALES
SET UP ~poi~ENT TO R~IEW A~ACHED E N C L A .~:~
~ pL~SE T~E C~RGE O~ T~IS O R A C T
~W~ ~ tnd Heating & A/C Co., Inc.
~W~X ~u ~ ~vlt ~ on oath state that
~~~/~ : all just and lawful offsets,
~en allowed.
{eating & A/C Co., Inc.
:~".
- ~]mond H. Es~rello ~i.
Sworn to and subscribed before me ~is 23rd day of August, 1989 ~.
Notary Publxc xn nd for ~ County, Texas
My Comission ~pires: &/"'/73 '
HEATING AND AIR CONDITIONING CO.,
HEATING - SHEET METAL - AIR CONDITIONING
SERVICE SALES
2113 South Garland Ave. Phone 278-3506 Garland, Texas 75041
NOTICE OF LIEN CLAIM
THE McGREGOR ACT
Acting in the capacity of Owner of Garland Heating & A/C Co., Inc.
I, Raymond H. Estrello., make this affidavit and on oath state that
this amount is just and correct and that all just and lawful offsets,
.payments and credits known to me have been allowed.
Garland Heating & A/C Co., Inc.
Sworn to and subscribed before me this 23rd day of August, 1989
'Notary Public xn and for
~ County, Texas
-My Commission Expires:
· GA_I LAND
HEATING AND AIR CONDITIONING CO., INC.
HEATING - SHEET METAI~. AIR CONDITIONING
SERVICE SALES
2113 South Garland Ave. Phone ~q8-~6 Garland. Texas ~041
N O T I C E T O P R I M E C 0 N T R A C.T O R
OF EX I S T ENC E OF RETA I NAG E AGREEMENT
General Contractor= Cajun Contractors, Inc. Certified#
P.O. Box 104
Baton Rouge, LA 70821-0104
Surety/Bond Company: Hilb Royal & Hamilton Co., Of LA
NOTICE IS HEREBY GIVEN THAT a retainage agreement exists between our
company listed below and Caiun Contractors. Inc~ for labor and/or
materials delivered which is particularly described as follows:
**** per invoice attached ****
Garland Heating & A/C Co., Inc. listed below commenced to perform labor
and/or delivered materials to the contractor above named on 4/7/89
The total amount of the contract between the contractor/subcontractor
above is Twenty Nine Thousand Six Hundred Eight & 00/00 ($29~608.00)
The nature of the retainage agreement is 10 % held till end of the job
and the amount o~ this not~ce.~s $ 2~.60.80
THIS NOTICE I8 SENT TO YOU. IN COMPLIANCE WITH THE LAWS OF THE STATE OF
TEXAS.
Date~ this 23rd .~ay of August 1989
Garland Heating &.A/C Co., Inc.
2113 S. Garland Avenue
Garland, Texas 75041
(214~ 278-3506
NOTICE OF LIEN CLAIM
THE McGREGOR ACT
Bonding Company: Hilb Royal & Hamilton Co. of LA Certified #
3115 6th Street
Metairi, LA-70002
Municipality: City of Coppell Certified:#
Coppell, Texas
General Contractor: Cajun Contractors,Inc. Certified #
P.O. Box 104
Baton Rouge, LA 70821-0104
Subcontractor: Garland Htg & A/C Co., Inc.
2113 S. Garland Avenue
Garland, Texas 75041
Ref. Project: Village Parkway Pump Station
1101 Village Parkway
Coppell, Texas
Date: 8 63 ~9
During 7/25/89 through 8/25/89 Garland Heating & A/C Co.
shipped material (s) to and/or performed labor for
~aiun Contractors P.O. Box 104 Baton Rouge, LA 70821
for use on ~he above referenced project, ~aterials and labor with a total
value .of sixteen thousand five hundred eighty-seven and 25 cents(S16,587.25)
as of this date that amount remains unpaid and outstanding.
PLEASE NOTE THAT THIS-CONSTITUTES NOTICE UNDER THE APPLICABLE PROVISIONS
OF THE~cGREGOR ACT, RCS OF TEXAS, WHICH GARLAND HEATING & A/C IS REQUIRED
TO SEND'YOU IN ORDER TO PROTECT IT'S INTERESTS.
We would appreciate it if you would see to it that our firm is paid the
amount before the expiration of sixty (60) days from this date in order
to avoid costs of litigation.
Enclosed are copies of invoices covering shipments and/or labor performed.
Garland Heating & A/C Co., Ino.
2113 S. Garland Avenue
Garland, Texas 75041
(214) 278-3506
Pres/dent