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Raymond v. Rahme

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Appellant Curtis Raymond (“Raymond”) appeals from the trial court’s judgment in favor of appellees Marcel Rahme and Williams Investments (collectively “Rahme”). Raymond was the concrete subcontractor on a construction project to build a gas station on Rahme’s property. After a payment dispute arose, Raymond attempted to file and sue on a mechanic’s and materialman’s lien against Rahme’s property. See Tex. Prop. Code Ann. �� 53.001-.260 (West 1995 & Supp. 2002). Rahme counterclaimed for breach of contract, breach of warranty, and violations of the Deceptive Trade Practices Act (the “DTPA”). See Tex. Bus. & Com. Code Ann. �� 17.01-.854 (West 1987 & Supp. 2002). After a bench trial, Rahme was awarded $65,332 on his counterclaims.

Raymond appeals, contending the trial court erred in finding that Raymond (1) failed to properly perfect his mechanic’s lien, (2) breached the construction contract, and (3) breached express and implied warranties. Raymound also contends the trial court erroneously found that Rahme incurred DTPA damages. We will affirm in part and reverse and render in part.

Rahme owns land in Pflugerville. He hired JMT, Inc. as a general contractor for a project to build a gas station on his property. JMT and Raymond entered into an oral contract for Raymond to do the concrete work on the project. Starting in September 1996, Raymond performed various work related to the concrete work. When JMT did not pay Raymond all of the fees he asserted he was owed, Raymond ceased work on the project. Raymond wrote Rahme a letter dated February 5, 1997, stating he was owed $15,211.85. On February 8, 1997, Raymond completed and signed a Mechanic’s and Materialman’s Lien Affidavit; however, that affidavit was not filed in the county records. On April 4, 1997, Raymond signed and filed a second affidavit, alleging a $15,211.85 lien, and sent a copy of the affidavit with a demand for payment to Rahme and JMT.

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