Con­trac­tor sues Back­yard owner

Austin American-Statesman - - LOCAL BRIEFING -

Claim­ing to be owed more than $300,000 for work at the new Back­yard con­cert venue in Bee Cave, Mal­don­ado Con­struc­tion & As­so­ci­ates LLC has filed suit against Back­yard owner Tim O’Con­nor and his com­pa­nies Di­rect Events and Planet Earth Mu­sic.

Ac­cord­ing to the pe­ti­tion, Mal­don­ado built de­ten­tion ponds and roads and in­stalled util­i­ties, but “de­spite re­peated de­mands, de­fen­dants have re­fused to pay the amounts re­flected in in­voices by plain­tiffs.”

Last month, Sixth River Ar­chi­tects sued O’Con­nor and Di­rect Events, claim­ing it was owed more than $100,000 for de­sign work at the Back­yard, as well as the Austin Mu­sic Hall, which O’Con­nor also owns.

Ac­cord­ing to in­voices at­tached to the suit, O’Con­nor paid bills from Jan­uary through March but hasn’t paid Maldo- nado Con­struc­tion, owned by David H. Mal­don­ado, since March 24. Mal­don­ado is ask­ing for $344,801, plus in­ter­est and at­tor­ney fees.

The com­pany, based in Ber­tram, 45 miles north­west of Austin, has hired lawyer Bob Tyler. Tyler sent O’Con­nor a let­ter July 2 de­tail­ing his in­ten­tion to sue on be­half of Mal­don­ado, as well as file me­chanic’s liens on the prop­erty. The let­ter said the $344,801 sum in­cludes $275,000 that Mal­don­ado owes its sub­con­trac­tors.

Calls for com­ment to Di­rect Events were re­ferred to rep­re­sen­ta­tive Kylee O’Neill, who was in meet­ings Thurs­day and not avail­able. E-mails to O’Neill and O’Con­nor part­ner Doug Moyes, who is also named in the suit, were unan­swered Thurs­day.

The Back­yard opened April 24 with a con­cert by ZZ Top. Wil­lie Nel­son’s Fourth of July Pic­nic drew a sell­out crowd of 7,500. Bob Dylan is up next at the venue Aug. 4.

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