Folded GC

Dec 30, 2011

OUTCOME: Settled in our client's favor

Our Client is a marble, granite, and stone supplier who also has a team of installers that install stone at various residential and commercial properties and construction sites. Client's contract on t ... his job stated that they would be paid 25% up front, 25% at the middle of the job, then 50% upon completion. Client was paid 50% and, when they completed the job and requested to be paid, the general contractor became nonresponsive. After several months of attempting to get paid and invoicing the general contractor, Client learned that the general contractor had initiated bankruptcy proceedings and was claiming to be insolvent. Client consulted with AT and an approach was developed. A Texas M&M lien was filed on the commercial property and both the general contractor and owner were notified of Client's claim and its intent to foreclose on the property through its lien. Within weeks of the initial notice, despite the fact that the general contractor was in bankruptcy, the attorneys of Amaral Tellawi negotiated a successful settlement of 90% of the remaining balance with the owner of the property based on the theory of unjust enrichment, allowing our Client to recoup their expenses and even realize a profit on the job.