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The Arbitrators Findings (Exhibit 331)

The "Findings of Facts and Conclusions of Law," signed by the arbitrator.  The arbitrator lied and his final document fails to meet the requirements of Texas law and the American Arbitration Assn. rules as explained in my complaint to the Texas Attorney General.  The material facts, determined by the arbitrator, showing the document filed by the contractor is false are correct. The arbitrator failed to state the fact that the document filed by the contractor had no signatures whatsoever.  

The same complaint that was made to the Texas Attorney General (link above) was also used to dispute the arbitrator fee, charged on my American Express, on the grounds the arbitrator violated my rights and failed to perform the required calculations.  The arbitrator had the opportunity to defend against my dispute to his fee.  

American Express refunded the arbitrator's fee to me based on my fee complaint the arbitrator failed to provide the promised services.  The complaint document provided to American Express is the exact same complaint (linked above) document sent to the Texas Attorney General. 

 

Extract of 277TH District Court confirmed findings

which show the lawsuit document was fraudulent 

(complete findings document below extract)

Finding 12:   Mowdy met and Hughes met to negotiate the terms of a two page contract dated August 18, 2009 (the Contract").  Although Mowdy and Ms. Cobb were informally married at the time the the Contract was signed by Mowdy, the Contract does not include Ms. Cobbs signature.

Finding 19:  The Contract states that the Contract Document include certain documents that exist (emphasis added) at the time that the parties enter into the agreement:  The one page agreement, Contractor's Estimate, Payment Schedule, Color and Style Addendum, Drawings Specifications and "all addenda issued prior to execution of" the Contract.

Finding 20:  The contract further states that the Contract Document may be modified, in writing, after execution of the Contract.

Finding 21:  The contract does not indicate the modifications may be unilateral.  Any changes to the Contract need to be by mutual agreement of the parties.

Finding 50:  Hughes filed the Lien and swore that the amount of $113,914.11, after allowing all just credits, offsets and payments was owed by Mowdy.  Hughes also swore that the following documents comprise the Contract:  the Supplemental Estimate (total $55,912.05), Mowdy Supplemental Estimate for Chimney ($4,421.44), Discovery Estimate ($50,719.78) and USAA estimate dated July 22, 2010 ($374,098.59), along with a "Credit Memo" with a credit in the amount of $32,124.74, as the "Contract."

Finding 51:  The lien is incorrect, at best, for several reasons including:  it states that all of the attachments are the Contract, and it does not provide all just offsets and credits.

The actual findings document is below: 

 


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                   by Tom Mowdy
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