Beaumont company sues engineers for $90K in unpaid invoices

Kelly Holleran Apr. 29, 2009, 7:45am

A Beaumont company has filed suit against a construction company and an engineering company, alleging it was not paid more than $90,000 for work it performed.

McLeod Machine Works says it contracted with Eagle-Pro Construction and Eagle-Pro Engineering on Dec. 14 to perform civil and structural construction services.

McLeod was to perform work, such as building and constructing roadways, dams, shorings and foundations, on property owned by Coastal Caverns, according to the complaint filed April 27 in Jefferson County District Court.

Both Eagle-Pro Engineering and Eagle-Pro Construction agreed to pay for McLeod's work in accordance with invoices McLeod sent to them, the suit states.

"Pursuant to the original contract, progressive draws based on the percentage complete were submitted each Monday for payment of Wednesday or Thursday of week submitted with Defendant to retain 5 percent until all work was completed and the owner giving final approval and accepting the McLeod had completed 100 percent of the assigned scope of work," the suit states.

McLeod sent the last invoice on Feb. 20, but has yet to receive $93,235.70 on multiple invoices that are substantially overdue, it says.

"Upon information and belief, McLeod's services were procured by Eagle-Pro Construction and Eagle-Pro Engineering with an intent to avoid payment," the suit states.

In the four-count suit, McLeod alleges Eagle-Pro Construction and Eagle-Pro Engineering are guilty of breach of contract and that the companies have been unjustly enriched.

In addition to the balance it is due, McLeod is seeking unspecified additional actual damages, plus pre- and post-judgment interest, attorney's fees, costs and other relief the court deems appropriate.

R. Lyn Stevens and Donald Francis Lighty of Stevens, Baldo, Freeman and Lighty in Beaumont will be representing them.

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

According to the McLeod Machine Works Web site, the family-owned machine shop located in Beaumont has been in business since 1948.

Jefferson County District Court case number: B183-888.

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