ST9302-CL010611 FOUNDATION DRILLERS, INC.
FORT WORTH, TEXAS 76106
(817) 62~-?118 (817) 429-0000
J~ 11, 2001
Recent Req~ted ~7099 3220 ~03 1882 2~
Ed Bell Co~ction
10605 H~ Hines Blvd.
Dally, Te~ 75354
Via Certified Mail, Return
Receipt Requested # 7099 3220 0003 1882 5827
Humphrey & Morton Construction Company, Inc.
PO Box 8057
Fort Worth, Texas 76124
Via Ce~fied Mail, Return
Receipt Requested #7099 3220 0003 1882 5834
The City Of Coppell
PO Box 478
Coppell, Texas 75019
Via Certified Mail, Return
Receipt Requested # 7099 3220 0003 1882 5841
Aon Risk Services of Texas
Attn: Jerry Rose
2711 N. Haskell Ave
Suite 800
Dallas, Texas 75204
RE: Project · Sandy Lake Road Paving, Drainage, & Water
Improvemems Project No. ST 93-02
Prime Contractor : Ed Bell Construction Company
10605 Harry Hines Blvd. Dallas, Texas 75354
Claimant : Foundation Driller, Inc.
Gentlemen:
Please be advised that Foundation Drillers, Inc. ("Subcontractor"), a
subcontractor to Humphrey & Morton Construction C'Subeontraetor"), as the
Subcontractor, to Ed Bell Construction ("Prime Comractor") to the above-
referenced project for the City Of Coppell ("Owner), as the owner, known as the
Sandy Lake Road Paving,Drainage, & Water System Improvements Project No.
ST 93-02 (the "Project"). Foundation Drillers, Inc. has a claim of $12,320.00 for
labor and materials provided to the above-referenced project site during the
months of March and April, 2001. The labor and materials provided are generally
described as drilling piers on the Project and were provided to Sub-Contractor and
Pfin~ Contractor under the terms of a written Subcontract in the original principal
amount of $35,200.00 dated the 7th day of September 1999.
In addition, we attach as Exhibit "A" a copy of our Invoice # 112776 dated
April 5, 2001, inthe amount of $12,320.00 of which $616.00 is retainage. The
amount claimed is just and correct and all just and lawfifl offsets, payments and
credits known to Foundation Drillers, Inc. have been allowed.
This notice is sent to Owner, Sub-Contractor and Prime Contractor
pursuant to §53.001 et seq. of the Texas Property Code to perfect a lien against
Owner's real property upon which the improvements have been made, to require
Owner to withhold contract funds due to this "funds trapping" notice, and to
perfect a claim against the statutory retainage. In addition, if there is any bond
applicable to this project posted by Prime Contractor, this notice is sent to perfect a
claim against said bond.
Pursuant to §53-159(a) of the Texas Property Code, we hereby request that
Owner furnish the following information to Foundation Drillers, Inc., not later
than the 10t~ day after the date the request is received:
(1) a description of the real property being improved legally sufficient
to identify it;
(2) whether there is a surety bond and if so, the name and last known address of the
surety and a copy of the bond; and
(3) whether there are any prior recorded liens or security interests on the real property
being improved and if so, the name and address of the person having the lien or
security interest.
Pursuant to §53.159(b) of the Texas Property Code, we hereby request that Prime
Contractor furnish the following information to Foundation Drillers, Inc. not later than the
10~ day after the date the request is received:
(1) the name and last known address of the person to whom the original contractor
furnished labor or materials for the construction project; and
(2) whether the original contractor has furnished or has been furnished a payment bond
for any of the work on the construction project and if so, the name and last known
address of the surety and a copy of the bond.
If this claim remains unpaid, Owner may be personally liable and Owner's property
may be subjected to a lien unless Owner withholds payment l~om Contractor for the payment
of this claim or unless this claim is otherwise paid or settled.
This claim has accrued under §53.053 of the Texas Property Code. Foundation Drillers, Inc.
demands that the claim be paid in full within fifteen (15) days from the date ofthis demand
letter. In the event said claim is not paid in full within said time frame, Foundation Drillers,
Inc. will prepare and file an affidavit of mechanic's lien on the real property at issue and
thereaRer file suit for foreclosure of the mechanic's lien claiming not only the amount of the
claim but also any and all attorney's fees, interest, and court costs. Owner and Prime
Contractor will be responsible for these additional costs and expenses incurred as a result of
the failure of Prime Contractor to pay this account timely.
Your immediate attention to this matter is expected. If you have any questions, please call
me.
Cc: Law Office of Robert Fitzgerald
Invoice
FOUNDATION 'DRILLERS, INC. - Invoice Numbs:
1609 R~AN AVE 112776
FORT WORTH, TX 76106
USA Invoice Date:
Apr 5, 2001
Voice: 817 / 625- 7118 Page:
Fax: 817/429-0000 1
Sold To: Shipto:
HUMPHREY & MORTON
PO BOX 8047
FORT WORTH, TX 76124
Customer ID Customer PO Payment Terms
HUMPHREY MORTON Net 30 Days
Sales Rep ID Shipping Method Due Date
5/5/Ol
Quantity Item Description Unit Price Extension
JOB ADDRESS: HEARTZ &
SANDY LAKE
280.00 DRILLED 20-24" PIERS 44.00 12,320.00
Subtotal kkl 2,320.00
Sales Tax
Total Invoice Amount 12, '~. 0.00
Check No: Payment Received