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Lawsuit News

Dallas contractor in Nusr-Et Steakhouse lawsuit has lengthy litigious history

Teresa Gubbins
Mar 4, 2021 | 3:20 pm
Nusr-Et Salt Bae
The restaurant is all booked up for the weekend.
Photo by Stephania Campos

An internationally known steakhouse will open in Dallas, despite a pair of lawsuits between the restaurant and the Dallas contractor who oversaw its construction.

Nusr-Et Steakhouse, a glitzy new restaurant from famously colorful Turkish restaurateur Nusret "Salt Bae" Gökçe, will finally open in Uptown at 1900 N. Pearl St. on March 4.

Gökçe is an amusing figure with a strong social media game and is no stranger to lawsuits; he's been sued by employees at his New York and Miami restaurants for mishandling tips and overtime payments.

But in Dallas, he's met his litigious match in Jim Benge, a contractor who specializes in restaurant construction and who's been involved in at least two dozen lawsuits, including one with his own brother Jay, whom Benge hired, then fired.

According to Eater, Nusr-Et and Benge have dueling lawsuits alleging that Nusr-Et failed to pay bills, with an employee allegedly involved in diverting funds to BengeTexas.

Nusr-Et is not the first. Other Dallas restaurants embroiled in Benge lawsuits in the past few years include Mellow Mushroom, Haymaker, Stocks & Bondy, and TNT/Tacos & Tequila.

Those who've worked with Benge say he has a pattern of hiring subcontractors, then not paying them after the job is done.

Most subcontractors are independent laborers and don't have the means to sue or the years to invest in chasing the money down. But one — Hertz Electric LLC and HTJ Global Electric LLC — hired a lawyer, Nathanial Martinez of Palter Sims Martinez PLLC, who won a judgment against Benge and his then-company Benge General Contracting LLC in 2019.

Benge hired Hertz in 2015 to do electrical and painting work on several projects including Quill Lounge and Matchbox Pizza, but then did not pay Hertz for the work. Benge subsequently filed a lawsuit against Hertz alleging defective workmanship as a reason not to pay; Hertz countersued for non-payment.

A Dallas County jury found Benge guilty of breach of contract and fraud, and awarded Hertz damages and attorney fees.

Martinez says the case had been reset for trial more than nine times. "My clients were beginning to wonder if they would ever get to a jury," he says.

Unfortunately, after Hertz won, Benge filed for bankruptcy in the Northern District of Texas, then formed a new entity called BengeTexas. So Hertz filed a new lawsuit alleging BengeTexas is a shell company used by Benge to transfer business and assets from his old company, Benge General Contracting, to avoid paying Hertz. That suit is pending.

Lawsuits are not unusual in the Wild Wild West contractor world, where large sums of money are involved and clients are vulnerable. Texas has no licensing process for contractors, and there's little oversight.

Dallas restaurateur Jim Baron of Blue Mesa Grill fame hired Benge to do work at TNT Tacos and Tequila in the Quadrangle. He says he was given a low estimate up front, with charges added after the job was done.

"I never saw a change order, not one," Baron says. "At the end, he came to me with a bill for $70,000 and it was all of the materials like drywall that the subcontractors should have provided but weren't calculated into the original estimate. He put a lien on the property. This is how it goes with everybody."

It ended in arbitration and a lawsuit that Baron lost.

On the flip side, clients sometimes pick the cheapest, most unrealistic contractor bid only to turn around and take legal action when the work comes up short.

But it's uncommon to see contractors suing subcontractors and family members.

Greatest hits
In July 2016, ISC Building Materials, a drywall company, filed a suit against Benge General Contracting and Jim Benge for $6,710.44 worth of construction materials for the 2014 construction of Stocks & Bondy at the Dallas Farmers Market.

In September 2016, there was a suit and countersuit between Benge General Contracting and Platform Manufacturing Group, hired by Benge to do steel fabrication and installation at North Dallas restaurant Public 972. Benge's suit seeking $100,553 claimed that Platform failed to do the job so Benge hired a replacement.

Platform said the site was not prepared and that Benge did not obtain proper permission to remove trees that were not on the drawings. Platform was paid only $43,500 out of its $144,053 fee, and sought the remaining $100,553.

In October 2016, Quality Mill Work By Brownco LLC filed a suit against Jim Benge and Benge General Contracting for default on a payment of $43,420.21 for cabinet work done in a showroom for home builder Ashton Woods.

In January 2017, Cowtown Excavation & Concrete, LLC filed a suit against Benge General Contracting, LLC for defaulting on a payment of $25,945.50 for construction on Haymaker at 1516 Greenville Ave., along with Haymaker owner Dallas Mars Partners.

In April 2017, Quill Lounge filed a suit against Benge General Contracting LLC and James Benge individually for breach of contract. "Benge performed services, albeit defective services, on the Quill job," the lawsuit said.

The suit said that Benge Contracting hired multiple subcontractors but failed to pay many of them, causing multiple liens to be filed on the Quill Lounge property. Quill refused to pay, so Benge Contracting also filed a lien on the property.

They entered a settlement in which Benge was supposed to take care of the subcontractors, but left out one, LoneStar Electric Supply, whom Quill was forced to pay $9,970.15 in exchange for a lien release.

The lawsuit also says that Quill found issues with the work done including lighting, electric wiring, and painting.

In July 2017, Lil John’s Fireplaces filed a suit against Benge General Contracting for failing to pay for various fireplace and/or gutter services on Mellow Mushroom, the pizzeria at 2326 N. Henderson Ave. and for breaching a subcontract agreement, with an unpaid balance of $7,902.98.

In January 2018, Dallas Mechanical Group filed a suit against Benge General Contracting for $12,872.18 for labor and materials in heating, ventilation, and air conditioning. In the midst of that suit, Benge General Contracting tried to file a notice of bankruptcy, which the court initially would not allow. (Benge filed for bankruptcy again in February 2020 and is now operating under the new name BengeTexas.)

In January 2018, Benge General Contracting filed a messy suit against Benge's own brother Jay Benge, who had worked for Benge as a project manager for less than a year. The suit charged Jay Benge with "appropriating certain Benge assets and possibly distributing information" that could be used to harm Benge. It accused Jay of showing up and causing disturbances at the office, including almost hitting an employee with a truck. In November 2020, all parties agreed to drop the case.

In February 2018, Branch Ironworks filed a suit against Benge General Contracting for structural steel work on Mellow Mushroom, for breaching a subcontract agreement with an unpaid balance of $7,902.98, for labor and materials. They settled in March 2019.

In April 2018, Creative Flooring Solutions filed a lawsuit against Benge General Contracting for tile flooring work on Mellow Mushroom for breach of contract for an unpaid balance of $14,804.84.

Some of the lawsuits make for compelling reading, such as the June 2019 temporary restraining order against Cash Hebel, a former employee who was a Project Manager for BengeTexas on the construction of Cigars International in The Colony, then went to work for Cigars International directly after he was terminated.

Benge assumed that Hebel was just incompetent and terminated his employment at the conclusion of the project. It is now apparent that Hebel intentionally provided 'free' extras to Cigars International because he had already agreed to use the confidential information he received to cut Benge out of the next Cigars International jobsite in Fort Worth and act as the construction supervisor directly for Cigars International.

That lawsuit is especially notable since Nusr-Et's countersuit against BengeTexas claims that Benge was engaged in similar activities, IE diverting payments to a former Nusr-Et employee and project manager, instead of paying the subcontractors.

Benge boat
When contacted about the lawsuits he's amassed, Benge insisted on meeting in person, and wanted the meeting to take place aboard a 56-foot-long sailboat he has built himself. It's his passion project as well as the subject of two profiles documenting his quest.

He had the boat stored inside a warehouse off Buckner Road. Boarding it was like a Survivor challenge, with a climb up a precariously narrow set of stairs with no railing, before crossing over a vertigo-fraught patch of dead air two stories high to scramble onto the gunwale.

Everything aboard was fabricated from the best materials: intricate inlaid wood, mirror-finish stainless steel, hot and cold running water, and a gimbal mount for the stove to keep it level if the boat hits a wave. It was hard not to think about the various subcontractors who'd gone unpaid.

Benge was focused on the case he'd lost to Hertz Electric, and had a three-ring binder with photos he claimed showed poor workmanship. But there was no way to tell where the photos — out-of-focus closeup shots of various wirings — were from. "They could take the boat away from me," he said, referring to Hertz.

But he brushed off the lawsuits, saying that it goes with the turf.

"I'm a contractor, it happens, and we do a lot of mom-and-pops who promise they'll pay next month, so then you've gotta file a lien, although I don't like it," he said.

Nonetheless, on January 15, BengeTexas filed a lien against Nusr-Et seeking payment for $574,830.34. A hearing is set for March 29.

Meanwhile Nusr-Et is taking reservations; opening weekend is already fully booked.

city-news-roundup
news/restaurants-bars

This week in gluttony

Italian feast tops 10 best food and drink events in Dallas this week

Celestina Blok
Nov 9, 2026 | 3:12 pm
Eataly
Eataly Dallas/Facebook
All You Can Eataly: Holiday Extravaganza happens this Friday.

An Italian gourmet grocer will close its doors to the public for a store-wide winter-themed shindig complete with cocktails, chef stations, DJ music, and dancing. But the spirited events are many this week, with additional holiday happenings including a champagne tasting and a princess tea party. Stay caffeinated with classes on espresso and latte art. And be sure to let the deserving veterans in your life know about some great restaurant deals in their honor.

Wednesday, November 11

Veterans Day deals at local restaurants
Dozens of Dallas-Fort Worth restaurants (and other venues) are offering deals and discounts to honor military on Veterans Day. For a growing list, go here.

Basics of Espresso Class at The Joule
Hosted at Weekend Coffee, the coffee bar inside The Joule hotel, this hands-on workshop will introduce participants to the fundamentals of espresso-making, including the opportunity to practice pulling their own shots. Tickets are $55 and the class begins at 4 pm.

Whistle Pig "Golden Pharaoh" Dinner at Apothecary
Apothecary will host its ninth collaboration with Whistle Pig Whiskey as they release their newest expression, The Golden Pharaoh. Nine courses will be paired with either a Whistle Pig cocktail or a neat pour. Standout menu items include Alexandrian spiced whole fish, seared duck breast with green fava cassoulet, leg of lamb, and sticky tiger nut cake with Egyptian black honey. Tickets are $250 and dinner begins at 6:30 pm.

Care, on the Rocks
Prism Health North Texas will host its second annual Care, on the Rocks, a fundraiser set to take place at Encina in Oak Cliff. The $150 ticket includes a special menu (including blue corn butterscotch pancakes for dessert), wine, and crafted cocktails, along with a silent auction. The event will run from 6-8 pm.

Friday, November 13

All You Can Eataly: Après Holiday
The Italian gourmet grocer and market at NorthPark Center will close to the public to throw its biggest party of the year. The ticketed event features unlimited food, drink, and entertainment — this year with a winter chalet theme. There’ll be stations with more than 30 Italian bites, 50-plus wines, beers, and spirits, plus holiday-themed specialties like panettone, a karaoke lounge, DJs, and an ugly sweater contest for a $500 gift card. Tickets start at $125 with entry at 7:30 pm. Or go VIP for $175 and get early entry at 6 pm plus premium sips and bites and a goodie bag. The party will run until 10 pm.

Holiday Champagne Tasting at Pappas Bros. Steakhouse
Raise a glass to kick off the holiday season with this champagne tasting event at Pappas Bros. Steakhouse. Sip and stroll to find the perfect bubbly. Tickets are $150 and the event will run from 6-8 pm.

Saturday, November 14

Holiday Princess Tea, A Royal Experience at Hilton Anatole
Little princesses and their guests may enjoy this three-course royal tea to be held in one of the elaborate ballrooms at the Hilton Anatole hotel. The experience includes special guest appearances by three beloved storybook princesses, who’ll sing, share stories, and pose for photos. The menu will feature savory bites, fresh-baked scones, sweets, and a curated tea selection. Tickets are $85 for adults and $35 for children and the event will run from 1-3 pm. For more holiday teas in Dallas, check out this list.

OysterFest at Big Shucks Oyster Bar
The Mockingbird Lane location of the local seafood chain will host a party for oyster lovers featuring live music, oyster tastings, giveaways, and educational experiences with nonprofit partner Oyster South. The event is the culmination of a limited time menu of oyster specialties at all four locations of Big Shucks and Aw Shucks outlets, including Dallas, Lewisville, and Richardson. Visit for crispy fried oyster nachos, Buffalo-style oyster tacos, and grilled Gulf oysters topped with lump crab. The party will run from 1-6 pm.

Latte Art Workshop at White Rock Coffee Brew Lab
Learn from the pros during this hands-on latte art workshop. Participants will steam milk, master the pour, and create intricate designs in the cup, including a tulip, rosetta, and the quintessential heart. Tickets are $175 and the event will run from 2-4:30 pm.

Monday, November 16

Spain Uncorked ’26 at Barcelona Wine Bar
Enjoy paella, passed tapas, and wine samplings during this interactive tasting event. Barcelona Wine Bar boasts one of the largest Spanish wine lists in the country, and there’ll be 30 Spanish wines to try from the Rioja region, Basque, and beyond. Tickets are $65 and guests can choose an arrival time of 5 pm or 7 pm.

eataly espresso class prism health fundraiser princess tea latte workshop barcelona wine bar food events
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