2010-05-05 / Front Page

Willacy EMS suing building contractor

By Paul Whitworth

Willacy County EMS has filed a lawsuit against the contractor who remodeled the old auto dealership building they recently moved into on South 7th St.

The lawsuit was filed on April 30, 2010 by Willacy County EMS, Inc. Named as the principal defendant is David H. Bolding, doing business as International Construction Services, at 759 W. Rodriguez, Raymondville.

The plaintiff, Willacy EMS Inc., claims that a contract was signed with Bolding's company on December 30, 2008 and that the contract was for $670,567.00. Willacy EMS, Inc., maintains that Bolding walked off the job in October, 2009 after having been paid $575,792.87.

Under the contract terms Willacy EMS, Inc., withheld $28,789.694 or 5 percent of the contract amount and still has control of that money which is owed to various subcontractors hired by Bolding to work on the project. Subcontractors claim that Bolding did not pay them and have since filed, mechanic liens against Willacy EMS, Inc.

As a result they were also named as defendants by Willacy EMS, Inc. in the lawsuit recently filed. In addition to Bolding's International Construction Services, the following companies have been named as defendants.

Roman Avila, d/b/a Roman's Plumbing, 513 E. Jackson, Harlingen.

Miguel A. Torres, d/b/a MAT Systems, McAllen.

Bill Hol1oman, d/b/a Borchers Electric, Harlingen.

R.E. Friedrichs Company, d/ b/a REFCO, Pharr.

Benito Juarez, d/b/a Advanced Air Conditioning, Harlingen.

The breach of contract lawsuit was filed in 197th State District Court in Raymondville. In it Willacy EMS, Inc. maintains that it has a total of $57,579.28 available to settle accounts with the subcontractors who claim they were not paid by Bolding's company.

However, Willacy EMS Inc., has no way to determine which of the defendant subcontractors are owed funds. The plaintiff is an innocent and disintrested stakeholder in the retained funds dispute and has a reasonable doubt which of the defendant subcontractors are owed and how much they are owed.

Willacy EMS, Inc. wants the court to take over the disputed funds and to discharge Willacy EMS, Inc. from any liability to the subcontractors. Also, to be awarded court costs and legal fees.

Walker & Twenhafel, L.L.P. of McAllen, is representing the Willacy EMS, Inc.

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