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R.M. Dudley Construction Company, Inc. v. Dawson

With no evidence that R.M. Dudley Construction Co.'s counterclaim was filed to harass Dan Dawson and the other appellees, the assigned judge's award of attorneys' fees as sanctions was an abuse of discretion. Waco Court of Appeals, No. 10-06-00228-CV.

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OPINION

Carlos Martinez was a concrete supervisor for Appellant R.M. Dudley Construction Company (Dudley Construction), which is owned by Mark Dudley (Dudley). Dudley Construction did some work for Appellee Dan Dawson, and Martinez supervised the concrete crew on that job. Dawson subsequently hired Martinez to do some more construction work “on the side,” and in doing so, Martinez used Dudley Construction’s equipment, supplies, and employees who were being paid by Dudley Construction while doing the work on the side. Martinez was thus able to charge Dawson significantly less than the going rate for such work.

The other Appellees in this case–William W. Dawson, Jr. (Dan Dawson’s Dad), Rudy Briner, Steven Clark Hays, and James K. Ashlock–all learned about Martinez’s discounted, on-the-side construction work from each other and had Martinez do similarly discounted construction work for them. Dudley learned that Martinez had done work for the Appellees using Dudley Construction’s equipment, supplies, and employees, and he filed constitutional and mechanic’s and materialman’s lien affidavits on the Appellees’ properties where Martinez had done the concrete work on the side.

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