Port Arthur company in litigation over boom material for BP spill

Kelly Holleran Nov. 17, 2010, 4:44am

A shrimp boat pulls boom lines to soak up oil spilled in the Gulf of Mexico.

A New Mexico company has filed suit against the Southeast Texas company it claims failed to pay for $140,000 worth of specially-ordered boom netting used in the BP oil spill cleanup.

Proven Products and Services, of Albuquerque, N.M., claims defendant Worldwide Sorbent Products, of Port Arthur, ordered 2 million feet of light tan netting per week to be used to clean up the oil spill caused by the BP oil rig explosion in the Gulf of Mexico, according to the complaint filed Nov. 8 in Jefferson County District Court.

On June 17, the parties agreed that a 30-day notice would be given before termination of the contract, however, the plaintiff alleges that on July 23 Worldwide reneged on its contract without providing Proven Products with notice, the suit states.

"Plaintiff attempted to mitigate its damages by stopping the manufacturer's production of the netting, but due to the short notice, two million feet of the netting was already produced and ready for delivery," the complaint states.

Since then, Worldwide has refused to accept the netting Proven Products produced, the complaint says. In an attempt to mitigate its damages, Proven Products claims it tried to find an alternate buyer for the netting, but failed.

Because of Worldwide's refusal to accept the product that Proven Products produced, it lost the $140,000 Worldwide had agreed to pay it and $120,000 in profits, according to the complaint.

In addition to the money it says it lost, Proven Producst seeks attorneys' fees, pre-judgment interest and other relief the court deems just.

Nathan Reynolds Jr. of Port Arthur will be representing it.

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

Case No. B188-754

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