Subcontractor sued for allegedly abandoning construction project

John Suayan, Galveston Bureau Nov. 4, 2013, 10:21am

GALVESTON - Triad Retail Construction, Inc. is suing Cue Construction Services Inc. for allegedly allowing a project to fall through.

A lawsuit filed Oct. 31 in Galveston County District Court claims Cue breached an agreement it had with Triad.

Cue's owners, Cypress residents Lee Michael Gunter and Clint Michael Dillard, join their company as co-defendants.

Triad brought the respondents in to serve as subcontractors on the unspecified project.

Court papers show Cue "failed to perform in compliance with the terms of the purchase order agreement" as well as "failed to perform in a manner that met the quality specifications of the project."

"The failure of Cue to perform as to plans and specifications proximately caused damages to Triad due to delay and increased cost," the suit says.

"The abandonment of the project by the defendants caused damages to Triad due to delay and increased cost."

It accuses Gunter and Dillard of causing Cue "to be used for the purpose of perpetrating an actual fraud."

Consequently, the complainant seeks undisclosed monetary damages.

Attorney Kevin M. Murphy of Pearland is representing Triad, and Galveston County 122nd District Court Judge John Ellisor is presiding over the litigation.

Case No. 13-CV-1389

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