Construction, sale of barges subject of breach of contract suit

John Suayan, Galveston Bureau Oct. 25, 2011, 7:35am

MER 11

GALVESTON - Earl Hatfield Marine Surveyor has filed suit against Chris Kennedy, doing business as Kennedy Ship & Repair, in an effort to recover unpaid brokerage fees.

Kennedy allegedly owes Hatfield $47,220 stemming from the sales of three barges, a lawsuit filed Oct. 17 in Galveston County District Court states.

According to the original petition, both parties entered into an oral contract in July 2007 for the construction and brokerage of four barges -- the MER 10, MER 11, MER 12 and MER 13 -- with a construction cost of $1.75 million.

The agreement called for the Hatfield to be paid a 1 percent brokerage fee of the construction cost upon the sale of each barge, the suit says.

MER 10 was sold in April 2008 and Kennedy paid Hatfield the 1 percent commission from that transaction.

The three remaining barges were constructed and sold, but Kennedy has failed and refused to pay the remaining brokerage fees, Hatfield claims.

The plaintiff insists it fully performed its contractual obligations and each of the barges was sold upon completion.

Attorney fees and a jury trial are also sought.

The plaintiff is represented by Harris, Buesler & Hatfield.

Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-1616

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