Heritage Landscape Supply Group, Inc. has filed a lawsuit against Treesap Farms, LLC, doing business as Everde Growers, and its individual representative, Johnathan Saperstein. The complaint was lodged on January 17, 2025, in the District Court of Harris County, Texas. Heritage accuses Treesap Farms and Saperstein of failing to pay for services rendered under a contractual agreement.
According to the petition filed by Heritage Landscape Supply Group, the company entered into an agreement with Treesap Farms around August through September 2024. Under this agreement, Heritage provided construction labor, materials, and services to Treesap Farms on an open account basis. Despite fulfilling their obligations under the contract, Heritage claims that Treesap Farms has not paid the agreed amount of $118,757.65 for these services. "Defendants have failed and refused to remit payment," states the petition.
Heritage asserts that they were induced into this agreement based on representations made by Treesap Farms and Saperstein that payments would be made for the services provided. However, these representations were allegedly false or made with reckless disregard for their truthfulness. In light of this breach of contract and alleged fraudulence by the defendants, Heritage is seeking both monetary relief capped at $250,000 and non-monetary relief from the court.
The plaintiff is pursuing several legal avenues including breach of contract claims where they assert that all conditions were met on their part but not reciprocated by Treesap Farms. Additionally, they are charging quantum meruit to recover reasonable value for services rendered which benefitted the defendants unjustly without payment. Fraud allegations are also presented against Saperstein individually for knowingly making false promises regarding payment obligations.
Heritage further claims violations under the Texas Prompt Payment Act due to delayed payments beyond stipulated periods post-invoice issuance which entitles them to interest accruals at 1.5% per month from unpaid invoice dates. They are also seeking recovery of attorney fees as permitted under Texas law along with exemplary damages due to what they allege as intentional misconduct by the defendants.
Representing Heritage Landscape Supply Group in this case are attorneys Anthony F. Ciccone and Troy D. Bolen from Bollier Ciccone LLP based in Austin, Texas. The case is being heard in Harris County's 133rd Judicial District Court under Case ID 2025-03559.