Industrial equipment supplier alleges non-payment by client

By Carol Ostrow | Aug 6, 2015

An Alabama-based company is suing a St. Martin Parish industrial firm, alleging breach of contract in regard to a purchase order which the plaintiff says was not satisfied.

Motion Industries Inc. of Birmingham filed a lawsuit June 8 against Superior Derrick Services in U.S. District Court Eastern District of Louisiana, alleging negligence in regard to a series of orders.

According to the complaint, Superior Derrick placed six purchase orders for at least eight custom-built hydraulic power units between Feb. 21-Aug. 11, 2011, totaling $2,956,653 and to be invoiced in phases as each unit was completed and delivered.

The suit states that following the most recent invoice sent in August 2014, the defendant indicated that it has “no intention of paying for the remaining units” and that the units have not been built. Motion Industries alleges that not only has it incurred a loss on the original costs, but it has sustained an additional net loss of $39,222 owing to customized modifications ordered by the defendant.

According to the suit, the total purchase commitment prior to cancellation was $3,400,500; and unrecovered expenses come to $251,641. The plaintiff also alleges miscellaneous damages including a $100,000 loss consisting of a combination of expenses resulting from the defendant’s breach of contract, failure to perform, and failure to pay past due and incurred invoices.

Motion Industries seeks total compensation of $1,071,216, attorney fees, expenses and court costs. It is represented by attorneys Matthew Ungarino and Wayne Maldonado of Ungarino & Eckert in Metairie.

U.S. District Court Eastern District of Louisiana case number: 2:15-cv-01958-JTM-MBN.

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