James Mechanical Contractors, Inc. v. Tate

OPINION

YOUNG, Justice.

James Mechanical Contractors, Inc., brought an action against Mike Tate for the enforcement of a mechanic’s and material-men’s lien. He appeals from a take nothing judgment. We affirm.

The record shows that James is a plumbing subcontractor, who entered into an agreement with Roy Jackson Construction Company, a general contractor, to install the plumbing in Mike Tate’s new home. This contract provided that the work would be done and payment made in three stages. Each payment was to be $8,152.00. James did the work and received the first two payments less a 10% retainage.…