Cement firm demands payment from contractor

By Carol Ostrow | Apr 30, 2015

A cement company has sued a Galveston County contractor and its owner, citing breach of contract.

Ash Grove Cement Company filed a lawsuit April 28 in Galveston County District Court against Burks Concrete Contractors Inc. of Hitchcock and Cliff Burks Jr. of Santa Fe, Texas, alleging non-payment in a contractual arrangement.

The complaint says Ash Grove Cement, a successor by merger of Ash Grove Texas and North Texas Cement Company, fulfilled contractual obligations to Burks Concrete, via delivery of goods, and the defendant has failed to render payment.

Burks Concrete (BCC) applied for a line of credit with the plaintiff’s predecessor in interest, the suit says, and BCC purchased inventory and to pay, both before and after the succession.

The plaintiff asserts all rights to the payment under the defendant’s account and guaranty. Pursuant to Texas law, the suit requests full disclosure of information and materials from BCC.

Ash Grove Cement Company seeks: compensatory damages up to $100,000; pre- and post-judgment interest; attorney fees; expenses and costs. The company is represented by attorney Grant Dunwoody of The Dunwoody Law Firm in Houston.

Galveston County District Court case number: CV-0074148

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