GALVESTON – A waterfront construction company alleges it was not disclosed when it purchased two excavators that the seller was not an authorized dealer.
Bob Schatz and Waterside Bulkhead Services LLC filed a complaint on Oct. 9 in the Galveston County District Court against Mainland Tool & Supply and Wacker Neuson Corp. alleging breach of contract, fraud and breach of warranty.
According to the complaint, the plaintiffs allege earlier this year, they purchased two excavators from defendant Mainland that were manufactured by defendant Wacker Neuson. Shortly after, the excavators allegedly failed when the wiring harnesses malfunctioned. The plaintiffs allege the excavators had to be transported at their expense to a certified Wacker Neuson technician in Nacogdoches in June and the equipment is still there.
The plaintiffs holds Mainland Tool & Supply and Wacker Neuson Corp. responsible because allegedly it was not disclosed during that transaction that Mainland Tool & Supply is not an authorized Wacker Neuson dealer and could not perform any repairs or maintenance.
The plaintiffs request a trial by jury and seek actual and exemplary damages, prejudgment interest, costs of suit, and such other and further relief to which they may show themselves to be justly entitled. They are represented by Cris A. Rasco of Rasco Law Firm in Texas City.
Galveston County District Court case number 18-CV-1402