HOUSTON — A construction equipment company alleges that a Texas steel company has failed to pay for more than $160,000 in repair work on two excavators. 

Liebherr Mining and Construction Equipment Inc. filed the suit on Sept. 18  in the Houston Division of the Southern District of Texas against Proler Steel International LLC, Chris Proler and Newport Metal Recycling LLC, alleging breach of contract, theft and fraud.

In January 2014, Proler and Proler Steel asked the plaintiff to repair two Liebherr excavators owned and operated by the defendants. After repairs were done, the defendant submitted an insurance claim for the damage and resulting repair work in March 2014. Two months later, Newport acquired Proler Steel, including the excavators. 

After taking into account depreciation, the insurance company agreed to pay $122,833.21 for the repair work and the plaintiff expected a check for payment. The check was issued to Proler, who was an employee of Newport by this time, who then allegedly failed to pay Liebherr. 

The plaintiff alleges it has submitted five invoices totaling $162,189.66 to the defendants for the repair work without any payment.

Liebherr is seeking the original amount, in addition to interest, damages, court costs and all legal fees. The company is represented by Brian J. Comarda of Bland & Partners PLLC in Houston, Texas.

Houston Division of the Southern District of Texas Case number 4:15-cv-02733

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Houston Division of the Southern District of Texas
515 Rusk Street
Houston, TX - 77002

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