Hemphill Contruction is trying to garnish Marcus Wallace and M.A.C. Construction. Madison-Rankin Circuit Court Judge Steve Ratcliff awarded a $325,000 judgement in favor of Hemphill against Marcus Wallace and two of his companies. Hemphill sued Mr. Wallace in 2016 for damages arising out of two projects. A bonding company forced Hemphill to pay M.A. C. Construction subcontractors that were "stiffed" by M.A.C.
M.A.C. Construction served as general contractor for the Capital Centre Improvement Project at Jackson State University. Federal Insurance would not issue a bond to M.A.C. until Hemphill signed on to the bonding agreement. The viagrization of the subcontractors and suppliers began taking place once the project commence.
Federal paid the victims of the stiffing and in turn sought recompense from Hemphill. Hemphill was forced to pay the insurance company and in turn sued Wallace and his two firms, M.A.C. Construction and M.A.C> and Associates.
Mr. Wallace tried to claim that he was shielded from personal liability for acting on behalf of his two companies (His response and motion to dismiss are posted below.). However, Hemphill replied that the insurance company required Mr. Wallace to sign the contracts in his personal capacity. It cited this signature page in the indemnity agreement.
Judge Ratcliff awarded the judgment on January 22, 2019. Hemphill didn't waste any time as it issued nine writs of garnishment on February 6 to various banks and businesses.
Attorneys David Ellis and Robert House represent Hemphill. Robert Gibbs represents Mr. Wallace.
33 comments:
What a con artist....
Do dey not know where Mr. Wallace stays at?
Marcus Wallace the Mayor of Edwards who actually lives in Madison? That Marcus Wallace?
I don't feel sorry for Hemphill one bit. They know how the bonding game works and if Wallace couldn't get bonded, then they knew his financials and credit weren't up to par for bonding a job this size. Hence why the suppliers and sub contractors were stiffed. Hemphill rolled the dice and decided to co-sign the bond and use Wallace's DEB status to get the work. Its common place and DBE is total bullshit. You have guys like Wallace set up as DBE contractors letting legit commercial general contractors work through you for a fee just to get the DBE job. DBE is just another government handout shell game.
Is he certified?
@11:42 AM
WG Yates is the master at doing the exact thing you describe.
Under the Clients and Partners page on his website it has Hemphill, Siemens, and City of Jackson....LOL. Resume' building material right there. He also states
"His real talent lies in his ability to seamlessly orchestrate every aspect of a project and solve even the most complex problems that may arise" Like paying the damn bills?
His MS Board of Contractors designation says he is a residential remodeling contractor. Not a commercial GC, or anything close to it. Someone needs to review this.
Good for HCC. Over the years all of these minority set asides have cost the taxpayer millions of dollars. Often ending up with SNAFUs such as this, or just shoddy work, this is a failed program that is wrong, needs to be exposed and ended. Enough of this BS! Glad Hemphill won this.
We are subcontractors and have to bond our own projects. I guess the government minority contracting gigs are sweet in more ways than I realized.
Somebody call Derrick Johnson at the NAACP.
This is racism pure and simple. A white judge awards a white construction company damages against a minority black owned company because they struggled.
The man had the indignity of not being able to get bonded without their help. He doesn't have the same advantages that they have due to generational racism.
If this ain't a picture of Trump's America. You all ought to be ashamed.
Omar Coming!
You would think the as through as the Bureau of Buildings and Grounds is about and insurance certificate and the 110% correct spelling, and agent/agency licensure is on the Dept of Insurance website, they would have checked on the MS Board of Contractors website to make sure the contractor's designation was sufficient for the job they were doing....
What's the latest on the big lawsuit? I've been trying to keep up but I keep bending rims and getting flats from all them potoholes!
http://kingfish1935.blogspot.com/2016/05/mac-suing-siemens.html
"Jackson, MS (May 31, 2016) — MAC and Associates, LLC , a division of MAC Construction Company of Mississippi, LLC, will have a press conference today at 3:30 in front of the Hinds County Court house to announce that we have filed a $37 million dollars lawsuit against Siemens Industry, Inc., for fraudulent misrepresentation, breach of contract, gross negligence, and interference with business relations. The suit was filed this morning in the Circuit Court of Hinds County. “It is unfortunate that we had to take legal actions against Siemens, Inc., however, this is the only recourse we have to force Siemens to honor their commitment to
the City of Jackson and its contracts with MAC & Associates regarding the $90 million dollars City of Jackson water and sewer system upgrade”, said Marcus Wallace, President of MAC and Associates."
@1:16
Nope. In "Trumps America" Hemphill would simply be paid to do a job and they would do it well. They would then move on to their next job and not have to waste their time and our money on affirmative action construction shenanigans.
12:28, I understand your fascination with Yates on this site, but frankly this is true of most any major (and many minor) general contractors in this state. The difference sometimes is that the DBE is actually a qualified and competent subcontractor or supplier, but when you are required to meet the requirements of the City of Jackson it is hard to find enough of those to meet the % required. Or, as has sometimes been the case with the City and with the BOS, to give the work to the "right" DBE's.
Hemphill's problem was that it did so much work for Jackson that it had to employ Marcus in order to get the contract. (The B/S contract Marcus got with Seimens on the last few days of Harvey's term helps explain it all.) Since he was tied in was Wallace on COJ work, he filled the bill for all those other crappy DBE requirements.
Its not a Hemphill, or a Yates, or an anybody else deal. Its what the feds, and the state, and the local government puts into its contracts which drives up the costs and doesn't do a damn thing to build up minority contractors.
@1:45 PM - The Wire! Great series that was filmed in Baltimore but it sure reminds me of Jacktown, especially that crooked senator.
This bloq and Hemphill are the frauds. Jackson State was very pleased with the quality of Mr. Wallace's company's work. Sound like some hating going on cause he has a great chance becoming the next Transportation Commissioner. We know Mr.Wallace in Hinds County. I'm sure it's a lot more to the story than what you clowns are saying....
Since this blog always bashing successful minorities, let's talk about the scam Hemphill and individuals within the city of Jackson have been running for years as it relates to the emergency projects. Let's also talk about all the emergency projects they have been given without a contract and all the MPC taxes they havent paid to the Dept of Revenue. Do a story on that! Hemphill been screwing over folks for years. The COJ is too stupid to see or someone is getting their pockets padded...
The "set asides" work in those communities where the recipients are concerned about learning how to perform the contract rather than just getting the contract. Unfortunately nobody in this area on either side of the equation takes minority contractors seriously enough to care. Damn shame.
4:54 and 5:56. Hello Marcus.
Sound like some hating going on cause he has a great chance becoming the next Transportation Commissioner.
Wallace doesn't have a chance against Willie Simmons. He's going to get stomped.
Wallace doesn't have a chance against anyone, Simmons or Daffy Duck, despite Marcus' comments to the contrary above. Although he is probably as qualified as most of the other Democratic candidates and nominees over the past few years. Dot Benford, Addie Green, what's his name that carried Yarber's "bag" during his term as Mayor while pretending to be in charge of public safety, etc.
It's a shame either one of them might be a Transportation Commissioner. Simmons has been at the State's PERS tit for 52 years. Count them! FIFTY TWO. He and Cecil-The-Frown-Brown are tied for PERS POSTER BOY! Correction: They are both tied for second place behind Feel Brant who is in first place.
Mississippi contractors are the shadiest bunch of folks I have ever dealt with in my life. You’ll come to realize this when you’re at their mercy and they screw you over for substantial home repairs. It comes as NO surprise to me about this MAC fella. He’s just riding the same gravy train, affirmative action style.
This comment probably won't mean much to non-lawyers, but the attorneys on both sides need to learn to at least proofread the garbage that is submitted above their signatures. Wallace's attorney plainly lifted that horribly-written Memorandum from some other document (what the hell does "Regions" have to do with any of this?) while Hemphill's attorney decided it would be a good idea to print their own weak work on a printer they found at a Goodwill clearance sale.
That said, neither skin color nor public construction quirks have anything to do with this lawsuit. Wallace signed the agreement TWICE, one immediately above the other, the former as president of an LLC and the latter above the words "Marcus L Wallace, Individually." Consider this: if Wallace had signed for his LLC and some other unrelated co-party - let's use DoeDoe Construction, not an LLC but a sole proprietorship owned by John Doe - had signed "John Doe" as an individual, there would be no meaningful defense available to John Doe. The same is true now for Wallace. He signed individually. All the rest is meaningless. Wallace's attorney is dangerously close to a blatantly frivolous filing (or perhaps that ought to be a "facial frivolous" filing) and a request for sanctions wouldn't surprise me at all.
This Blog is always 'trashing successful minority contractors'? Prove that statement. What we actually have is 'you people' always vouching for incompetent, unqualified contractors seeking handouts and preferential treatment.
Speaking of potholes 2:16, what is going on with the pothole fixing process the city of Jackson brought on a few months ago? Looks like a couple of machines sitting outside the building in Gluckstadt. Building is for sale.
Which minority businesses have been knocked on here besides Malachi and Airwave?
Will Ridgewood Road ever be 4 lane again?
Building for sale in Gluckstadt? Surely you jest. Don't let Steen and Bishop find out.
Don't call me Shirley.
11:42 and 4:46 know what they are talking about. DBE is a racket. The minority contractors that are worth a damn are people who are made it by hard work, not by being handed work because they are black or female. I know of some of these. I have also known the other type, and they are either a disaster, or they sit back and let the white folks do the work and collect their money for being black without getting involved enough to cause problems. DBE is a racket and should be made illegal. We need some legislators with the guts to make it happen.
@9:20 am
What building in Gluckstadt?
What is the significance of the comment?
Just curious .....
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