Equipment company sues to recover rental fee

Kelly Holleran Apr. 21, 2009, 7:33am

A rental company has filed suit against a Jefferson County company, alleging the company failed to pay for rental equipment.

B & W Equipment Rental claims it rented two pieces of heavy equipment to Civco Management Group to be used in dirt removal.

Civco agreed to pay B & W $7,500 per month for each piece of equipment it rented, according to the complaint filed April 15 in Jefferson County District Court.

At first Civco was making the required monthly payment, but later became "extremely deliquent" in the rental payments it owed B & W, the suit states.

In addition, Civco told other companies that it had paid all its bills, B & W alleges.

"Of course, this representation was false and was intended to induce said third parties to pay funds, including funds that could potentially constitute trust funds to Civco as necessary to aid Civco and Civco's management efforts to avoid paying funds due and owing to Plaintiff B & W," the suit states.

At the time the suit was filed, Civco continued to use at least one of the pieces of heavy equipment B & W rented it, but failed to pay rent it owes, according to the complaint.

B & W alleges Civco is guilty of breach of contract and fraud.

The company is seeking actual damages and unspecified punitive and additional damages, plus attorney's fee, pre- and post-judgment interest, cost and other relief to which it may be entitled.

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

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B183-778.

More News