August 7, 2013

Subcontractor claims it was not paid for work performed

A subcontractor has filed suit against the company that hired it to perform services, saying it was not paid nearly $300,000 for work it completed.

ESP Structure and Piping filed a lawsuit July 24 in Jefferson County District Court against U-Krane and Oxbow Corp. construction-crane-refinery

In its complaint, ESP alleges U-Krane hired it to complete work at an industrial facility in Port Arthur. Oxbow Corp. owned the facility and had hired U-Krane to complete the work, according to the complaint filed July 24 in Jefferson County District Court. ESP provided the requested industrial maintenance, fabrication, erection and construction services, but was never paid in full for its work, the suit states.

Initially, U-Krane tendered partial payments to ESP, but has since failed to make additional payments, the complaint says. Oxbow has also paid ESP about $100,000, reducing the amount of money owed to the company to slightly more than $300,000, it claims.

In its complaint, ESP alleges breach of contract.

It seeks an unspecified judgment, plus exemplary damages, pre- and post-judgment interest at the highest allowable rate, attorney’s fees, costs and other relief the court deems just.

James E. Wimberley of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing it.

The case has been assigned to Judge Bob Wortham, 58h District Court.