Order for oilfield pumps leads to breach of contract suit

Kelly Holleran Jan. 16, 2012, 8:26am

An oilfield contractor has filed suit against a pump installer, alleging the installer refused to timely construct pumps in an attempt to satisfy a larger order.

Performance Pressure Pumping Services claims it hired defendant NRG Manufacturing to construct four frac pumps that were to be ready by December 2011.

Performance paid NRG $1.1 million as a deposit for the $4 million project, according to the complaint filed Jan. 5 in Jefferson County District Court.

On Dec. 5, 2011, Performance was set to pay NRG another installment of $100,000 when it learned that NRG was planning to build 200 frac pumps for another customer before finishing the four frac pumps for Performance, the suit states. NRG would not be able to finish Performance's pumps in time, the complaint says.

"Plaintiff had already made plans for use of the four new pumps after Jan. 1, 2012, such that Defendant's refusal to deliver the pumps as promised placed Plaintiff in an awkward position," the complaint says.

In turn, Performance claims it refused to pay the $100,000 installment and requested its initial $1.1 million deposit back. However, NRG refused to reimburse Performance, according to the complaint.

In its complaint, Performance is seeking actual damages, plus costs, pre- and post-judgment interest and other relief the court deems just.

Kerwin B. Stone of Moore Landrey in Beaumont will be representing it.

The case has been assigned to Judge Bob Wortham, 58th Dsitrict Court.

Case No. A191-614

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