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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Construction company alleges contractors, bond provider breached contract

Contract 08

GALVESTON — A construction company is suing contractors and a surety bond provider, alleging breach of contract in failure to pay more than $300,000.

Cemex Construction Materials South LLC filed a lawsuit Dec. 8 in Galveston County District Court against Dana Industrial Group LLC, W.G. Yates & Sons Construction Co. and Fidelity & Deposit Co. of Maryland, alleging failure to perform contractual obligations.

According to the complaint, between February-March 2015, Cemex Construction provided labor, supplies, and merchandise to defendant Dana Industrial on credit. The suit says the sum amount of $301,759.56 remains due. 

The plaintiff alleges despite repeated request for payment, Dana Industrial has failed and refuses to make payments for $301,759.56 

Cemex Construction Materials South seeks trial by jury, monetary relief of $301,759.56 plus interest, and any other just relief. It is represented by attorneys Jacob D. Herberger and Sean M. Rooney of JD Herberger & Associates PC in Houston.

Galveston County District Court Case number 16-cv-1420

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