Groves maker of roofing materials sued by national supplier

Kelly Holleran Sep. 26, 2011, 8:20am


Bayer Material Science LLP claims it was not paid for materials it supplied to a Groves roofing and insulation manufacturer.

In a complaint filed Aug. 22 in Jefferson County District Court, Pennsylvania-based Bayer alleges it supplied materials such as polycarbonates, polyurethanes, coatings and adhesives to defendant Groves Future Foam Insulation LLC. In turn, Future Foam used the materials on roofing materials, according to the complaint.

In the spring of 2010, Future Foam began working on the roofs of apartment complexes for Roberts Roofing and Construction, the suit states. As part of its agreement with Bayer, Future Foam promised to split payment with Bayer on any projects, the suit states.

Throughout the project, Roberts issued checks to both Future Foam and Bayer, the complaint says.

Subsequently, Future Foam was able to deposit a number of checks with defendants Gulf Credit Union and Bank of America despite the fact that Bayer had not also endorsed the checks, it claims.

"To date, Future Foam has an outstanding balance on its BMS invoices in the amount of $65,212.41 for products provided in connection with the Roberts Roofing project," the suit states.

Although Bayer has tried to collect money from Gulf Coast and Bank of America, both financial institutions refused to pay it, according to the complaint.

Bayer alleges breach of contract against Future Foam and statutory conversion against Gulf Credit, Bank of America and Future Foam.

It is seeking actual and liquidated damages, plus pre- and post-judgment interest, costs and other relief to which it may be entitled.

T. Wade Welch and C. Sean Spivey of T. Wade Welch and Associates in Houston will be representing it.

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

Case No. B190-710

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