Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

Raymond v. Rahme

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023
Singapore

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
Go to Events Go to Webcasts

Associate Attorney


Looking for an Associate Attorney with 2 to 5 years experience to handle Labor and Employment Law, Pension Appeals and Workers Compensation....


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›
Go to Lawjobs

LAWYERS OF DISTINCTION

03/24/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›

COLE SCHOTZ P.C.

03/13/2023
NJLJ Web

COLE SCHOTZ P.C. WELCOME HONORABLE GARRY S. ROTHSTADT, J.A.D. (RET.)


View Announcement ›
Go to Professional Announcements

Legal Newswire

ALM Partners with IPMA for Annual Compensation Survey for Paralegals, Practice S...
Bespoke Capital Consulting Announces First Investment
Lineal Announces New SaaS Solution, Lineal Cloud
ALM announces major expansion of Law.com Radar with the addition of State Courts...
Submit a press release