Why Not Pay A Supplier?

Walker Concrete of Stockbridge has been in business since 1953 and was one of the first companies involved in the construction of the church on Highway 36.
They sold the general contractor, Patmac Contracting, the concrete used in the foundation. Their trucks delivered the concrete on time to the location and they were not responsible for any of the finishing work, their only involvement was as a supplier.

Walker guarantees their product and if a faulty material claim is filed, engineers will take samples of the concrete on site and test it, then the batch machines at the plant are checked to insure that they were set up correctly for the job. The mixers are checked routinely to satisfy the requirements of the Department of Transportation prior to doing DOT work, but in the event of a claim, they are checked again. After all the steps have been taken and the concrete on site is checked for any signs of lack of strength or other faults, the engineers will determine if the claim is justified and the concrete needs replacing or if the customer has no claim.

According to company spokesman Lou Martin, Patmac did not file a complaint, the concrete passed inspection and is supporting the structure today.

Walker has not been paid and the company filed a lien in the amount of $13,544.87, it includes $12,897.69 for the concrete, $427.18 in service charges plus a $200 lien and release fee. It does not include $375 in attorney fees or interest accruing on the debt. P.C. Frailey, owner of Patmac, personally guaranteed payment on the order and collection efforts may eventually proceed against his personal assets. Attempts to collect the debt from the bonding company have been unsuccessful.

Why has Patmac failed to pay a supplier that delivered exactly what was purchased, on time and performed no other work?  How can the bonding company shown below deny payment when Patmac failed to raise any issues about the quality of the product?

Are funds being diverted from one job to pay contractors and suppliers liens on a previous contract? Was there a notarized lien release signed and presented to the church to obtain payment on the concrete?

Patmac officials on site are not answering questions and referring all inquires to their corporate office or their attorney. Phone calls to Patmac’s corporate offices have not been returned.