Refinery seeks payment for scrap metal

Kelly Holleran Nov. 7, 2011, 4:33pm

A Port Arthur refinery claims it has failed to receive more than $300,000 from the company to which it sold scrap metal.

The Premcor Refining Group, doing business as Valero Port Arthur Refinery, filed a lawsuit Oct. 28 in Jefferson County District Court against Demrex Industrial Services, Jason Goldberg and Barry Portnoy.

In its complaint, the Premcor Refining Group alleges it agreed to sell the defendants scrap metal in April, May and June following the demolition of a six-drum coker unit at Premcor's Port Arthur facility.

In their agreement with Premcor, the defendants promised to pay the company $324,831.10 for the metal, according to the complaint.

Premcor delivered the metal to the defendants and has sent them invoices requesting payment for the metal, but has not yet received the full amount of money it is owed, the suit states.

"Defendants promised to pay Plaintiff for the goods described, but although often requested to do so, Defendants have failed and refused, and still fail and refuse, to pay the amount due on the account," the complaint says.

Premcor alleges breach of contract and conversion against the defendants.

It seeks actual damages, plus loss of contractual profits, incidental damages, out-of-pocket expenses, attorneys' fees, pre- and post-judgment interest, damages, lost profits and punitive and exemplary damages.

Michael K. Eaves of Calvert, Eaves, Clarke and Stelly in Beaumont will be representing it.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E191-273

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