Contractors in dispute over construction agreement

John Suayan, Galveston Bureau Aug. 27, 2008, 3:00am

GALVESTON – Two companies based in the Dallas-Fort Worth Metroplex will meet in Galveston County District Court over a contract dispute.

X-Treme Contracting LLC in Burleson is suing North Richland Hills-based Quantum Mechanical Services for what the contractor alleges is a failure to come to terms on a joint maintenance job.

The suit, which was filed on Aug. 8 before the 10th District Court, says X-Treme Contracting and Quantum Mechanical Services collaborated on a Coast Guard project in Galveston, having entered into a contract with one another on Nov. 6, 2007.

Quantum Mechanical Services was to do what X-Treme Contracting requested, but the complaint alleges Quantum failed to follow construction plans.

"Plaintiff as contractor and defendant as sub-contractor entered into a contract for certain repairs to the electrical and mechanical components of the U.S. Coast Guard facility in Galveston," the original petition states. "The work in question was to have been done in accordance with the construction drawings and written specifications provided by plaintiff to defendant, however, defendant failed to comply therewith causing plaintiff to suffer damages."

X-Treme Contracting alleges Quantum Mechanical Services' breach of contract caused numerous damages, "including the reasonable and necessary costs of completing the work defendant was contracted to perform but failed to and the reasonable and necessary costs of remedying effects caused by defendant."

The plaintiff also "invokes the writ of respondeat superior as to each employee, agent, or servant of defendant whose actions, committed while in the course and scope of their employment or while furthering their employer's business, caused harm to plaintiff for the allegations it asserts."

X-Treme Contracting seeks to collect attorneys' fees in addition to other unspecified damages. It is represented by Dallas attorney Gil L. Daley II.

Judge David Garner is presiding over the case.

Case No. 08CV0848

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