Fencing business alleges customer violated agreement

By Carrie Bradon | Mar 18, 2019

GALVESTON — A Galveston County fencing business is suing a company it hired for a project, alleging it failed to complete the agreed-upon work.

Adam Desplinted, doing business as Rockin' D Fencing, filed a complaint March 4 in Galveston County District Court  against Michael Johnston and Encore Network Corporation, doing bsuiness as Johnston Builders & Associates, alleging fraud, economic damages and breach of contract..

According to the complaint, on May 15, 2018, Johnston Builders executed a proposal for the plaintiff to have services completed to build a fence around the Dodd-RV Park. The suit states the price was agreed upon for $94,958. 

The lawsuit alleges the defendants wished to make changes after completion of the project but the estimate was in excess of the price that Johnston and Rockin had agreed upon. The plaintiffs found that they could purchase materials for a cheaper price than advertised by the defendant and that Johnston Builders then breached agreement by pulling the scope of work.

Rockin' D'Fencing seeks damages, attorney fees and pre- and-post judgment interest, plus all further relief. It is is represented by attorneys David L. Augustus and Loren King of The Spencer Law Firm in Houston.

Galveston County Circuit Court case number 19-CV-0351

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