Hearing to enter $971K judgment in contract case reset

David Yates Oct. 18, 2011, 3:30am

A hearing to enter a jury judgment of $971,000 in a breach of contract case over a disposal project has been reset.

Beaumont-based Eagle Pro Construction sued Coastal Caverns on May 1, 2009, in Jefferson County District Court, alleging Coastal refused to pay the company for work performed.

As previously reported, the case went to trial Sept. 12 in Judge Milton Shuffield's 136th District Court and ended 10 days later.

The jury found that Coastal failed to honor both its dated and oral agreement with Eagle.

According to the charge of the court, jurors awarded Eagle $280,238 for the breach of the oral agreement and an additional $691,568 for the breach of the Jan. 7, 2009 services agreement, which included damages for the remaining contract balance and 15 change orders.

Eagle sought to have the judgment entered on Monday, Oct. 17, but the hearing was reset for a later date, a court official told the Southeast Texas Record.

No date was given for the reset hearing.

Coastal is asking the court to modify the jury award, court papers say.

Coastal hired Eagle to provide labor and materials for a brine disposal project. As required by the labor agreement, Eagle constructed and installed raw water intake pits and pump stations.

"Coastal has already placed the pump station into operation and has taken beneficial use of it," the suit states. "However, Coastal has failed and refused to pay the amounts owed and overdue for the work performed and materials supplied."

Beaumont attorney Jane Leger represents Eagle.

Attorney Brendan Cook represents Coastal.

Case No. D183-946

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