ST0502A-CS160601Robert E. Hager
E-mail: rhager@nidhs.com
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
ATTORNEYS & COUNSELORS AT LAW
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
Email NJDHS@NJDHS.COM
June 1, 2016
Via CMRRR #7015 3430 0001 0521 7142
Roy G. Morris
610 Parker Square
Flower Mound, Texas 75028
RE: City of Coppell Freeport Parkway Project
Dear Mr. Morris,
ROBERT L. DILLARD, JR (1913-2000)
H. LOUIS NICHOLS (1916-2010)
LAWRENCE JACKSON
ROBERT L. DILLARD, III
OF COUNSEL
Please be advised that we are the General Counsel for the City of Coppell. We are in receipt
of your letter dated May 23, 2016 regarding your subcontract with CD Builders, Inc. Please be
advised that the provisions recited in your letter to Mr. Elias would indicate that you are filing a
notice of claim against money, bonds, warrants or retainages for improvements made by your
client AALC concerning a public works project.
We would respectfully decline to accept your notice of lien and or claim in this matter.
Under Section 53.231, Texas Property Code, a public improvement project requires that proper
notice be provided in order to obtain lien on money, bonds or warrants under the public works
project. Notice must be given in accordance with Subchapter J of Chapter 53 of the Texas Property
Code. Content of such notice are set forth in Section 53.233(a), which states that the requirements
for the notice and that such notice must be accompanied by a statement under oath and concerning
the claim. Your letter of May 23, 2016 is insufficient and does not meet the requirements as set
forth in Section 53.233 of the Texas Property Code.
Also, any claimant attempting to assert a lien on a public works must give notice no later
that the 15th after the second month following the month in which the labor and or services were
performed or materials furnished. It appears from your letter that such date would have been on or
before April 15, 2016. The date of your letter being May 23, such notice of claim is not timely in
accordance with State law and for this reason is insufficient to constitute a claim.
Moreover under Texas Law a lien cannot be placed on public property or projects owned
by a Texas municipality, City of LaPorte v. Taylor, 836 S. W. 2d 829.
TM 77160
If you have any claims in this regard, the CD Builders Inc., the general contractor, has filed
the required bond for public works project and such claims or assertions for payment should be
made against that bond filed in this case. The name of the bonding company and its contact
information are as follows:
Russell Fuller
Surety Claims Director
On Point Risk Solutions, Inc.
Direct Line: (860) 413-3525
Thank you for your letter and hope this has been helpful in pursuing your claim against CD
Builders, Inc.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
Cc: John Elias, City of Coppell