November 6, 2026
Willkie, with co-counsel Hilgers PLLC, recently secured a unanimous jury verdict on behalf of client Rumsey Construction, a premier Texas-based utility contractor. The trial team prevailed after five days of trial on each of their affirmative claims (breach of contract, payment bond claim, and construction trust fund claim), defeated the other side’s breach of contract counterclaim, and was awarded every dollar of attorneys’ fees that were requested. The attorneys’ fees award of $617k (plus $170k in conditional appellate fees) was significant as that amount was the most attorneys’ fees awarded in the 489th District Court in Kaufman County, Texas.
The case was a contested public construction dispute in the 489th Judicial District Court, Kaufman County, Texas (Rumsey Construction, Inc. v. Merchant Bonding Company, Axis Contracting, Inc., et al., Cause No. 117211-86). The matter arose from Axis Contracting's failure to pay Rumsey retainage owed for site excavation and utility construction work performed on the Hillcrest Street, Melody Circle & Priscilla Lane Paving & Drainage Improvements project for the City of Kaufman — a public works contract. While the amount of retainage owed on this specific project was more limited, this dispute is only one part of a much broader dispute about money owed to Rumsey (from Axis and Merchant Bonding Company) to the tune of millions of dollars. The trial team developed and executed a multi-pronged litigation strategy, asserting claims for suit on the statutory payment bond, breach of contract, and construction trust fund violations. The trust fund claims were directed not only at the corporate defendant but also individually at two of its officers.
The case became more complex when Axis filed counterclaims — including hundreds of thousands of dollars in alleged liquidated damages — along with claimed supplemental work costs.
After hearing from Rumsey employees, Axis employees, and the former City Manager of Kaufman, the jury completely rejected Axis’s counterclaims, found in favor of all of Rumsey’s affirmative claims, and awarded hundreds of thousands of dollars in attorneys’ fees.
The Willkie team was led by partners Grant Schmidt and Andrew Bean, based in Dallas.
