Albuquerque business says they weren't paid by contractor working for The Cottages

Updated: 08/25/2014 10:51 PM | Created: 08/25/2014 10:45 PM
By: Caleb James, KOB Eyewitness News 4

A small Albuquerque business says they aren't being paid for work performed to help build the recently-scrutinized Cottages of New Mexico.

Shannon Leyva runs a small drywall shop with her husband, and this year they got a big contract – to hang drywall at The Cottages of New Mexico.

Leyva says she hired the extra people the company needed to do the big job. She said everything had been going well, and the Alabama-based contractor who hired her company even wrote "well done" on the drywall as the project neared its end.

But there was a problem.

"Every time it would become pay day, he wouldn't pay, or we couldn't find him," Leyva said, referring to Adelando Martin, the owner of Alabama-based XMI Carpentry, the main contractor hired by Capstone Collegiate Communities to build The Cottages.

Leyva says Martin stopped paying for work, and owes $15,000. She applied for a lien on the property, and said she couldn't pay the employees, some of whom filed complaints with the Labor Board.

Leyva said she took out a $15,000 personal loan with "astronomical interest" to pay her workers, and the Labor Board cancelled the employees' complaints.

Martin answered a call from KOB Monday and said the Leyvas didn't finish the job, which they don't dispute. They said they pulled out when they weren't paid, but Martin said the Leyvas did bad work.

He told KOB that he doesn't owe $15,000, but then admitted he owes them "maybe $4,000 or $5,000."

Capstone Collegiate Communities said the dispute is between one of their contractors and a subcontractor, and it doesn't directly, or legally, involve them.

They also said that if it is determined XMI Carpentry did not pay, Capstone will compel them to do so.

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