GALVESTON — A Texas metal recycling company is claiming DCP Metals and Houston Barge overinflated the weight of pontoons it purchased to fraudulently increase the price.
Kodiak Resources Inc., doing business as Kodiak Metals Recycling Inc., filed a complaint Feb. 18 in the Galveston County District Court against DCP Metal Solutions LLC and Houston Barge Services LLC alleging breach of contract, conversion, violation of the Texas Theft Liability Act, fraudulent inducement and negligence.
Kodiak Resources purchased pontoons from DCP Metals on March 19, 2019 for the purpose of recycling. The purchase was based on a per gross ton price using a survey done by Houston Barge that estimated the weight of pontoons. Kodiak claims the survey "grossly overstated the weights causing them to overpay. Kodiak claims that despite a third-party inspector's showing the incorrect figures, DCP refused to refund their money.
Kodiak seeks monetary relief, interest, trial by jury and all other just relief. They are represented by Anthony Spaeth of The Spaeth Law Firm in Houston.
Galveston County District Court case number 20-CV-0246