Rental of construction crane subject of lawsuit

John Suayan, Galveston Bureau May 12, 2011, 6:47am

GALVESTON � Hunter Heavy Equipment Inc. claims Forbes Construction Inc. owes it approximately $14,000 for the use of a crane, recent court documents say.

In a lawsuit filed April 21 in Galveston County Court at Law No. 1, Hunter explains that Forbes rented a C-137 50-ton crane, but failed and refused to pay $13,728.26.

Forbes and Hunter entered an agreement last June for rental of the equipment at $6,000 per month.

"The above-described equipment was supplied at the special request of the defendant and such equipment was delivered and/or supplied in the regular course of business," the original petition says.

The rental period was from June 23 to Aug. 6, 2010.

Forbes contends that Hunter, however, failed to pay $12,000 in rental costs, a $294 diesel fuel fee, a $180 environmental fee, a $1,014.26 sales tax and a $240 Texas diesel tax at the end of the rental period.

"The defendant has breached its contract with the plaintiff in that the defendant has failed to meet its contractual responsibility by failing to pay the rental on said equipment in accordance with the terms of the rental agreement and as a result of said breach of contract is liable to the plaintiff in the amount of $13,728.26," the suit says.

In addition to the amount in question, attorney's fees are also sought.

Attorney Greg Russell of Dickinson is representing the plaintiff.

Galveston County Court at Law No. 1 Judge John Grady is presiding over the case.

Cause No. 65,119

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