CONROE — Isaac Rodriguez, owner of Marsalas Italian Grill in Conroe, won a $302,960 court judgment in Montgomery County, Texas, against contractor James Duncan after Duncan allegedly failed to complete construction work on a new restaurant location in Huffman. Rodriguez hired Duncan, who operated under the name Total Services Company, to handle HVAC, plumbing, and other buildout tasks.

Rodriguez paid Duncan more than $200,000 through checks and wire transfers. "He told me that he is licensed to do plumbing, electrical, and HVAC," Rodriguez said. A search of Texas licensing databases found no plumbing or electrician license issued to Duncan.

In March, a judge granted a default judgment in favor of Marsalas Catering LLC after Duncan failed to appear in court. The judgment awarded approximately $202,960 in damages, $100,000 in punitive damages, attorney’s fees, and interest. Rodriguez says he has not received any of the money. "I worked for years just to get $200,000 and for somebody to just take it away," he said.

Duncan disputed Rodriguez’s account, saying, "He did not pay us over $200,000. That is a total lie." Duncan claimed the project was about 75% complete when the relationship ended, citing completed framing, drywall, HVAC installation, and plumbing work. He attributed the breakdown to disputes over a grease trap and crane-related delays.

A subsequent HVAC contractor reported that Duncan’s work was "installed incorrectly and unfinished," lacked required permits, and omitted insulation, thermostats, and grilles. Duncan acknowledged Total Services Company is not registered with the Texas Secretary of State, stating, "No, because we’re not an LLC," and added he operates as a sole proprietorship.