A Texas company has sued one of its suppliers, claiming that although it paid for three pieces of equipment, they have not not been received within the timeframe agreed upon. The suit was filed in district court in Jefferson County on Feb. 10.
The suit was filed by Texas-based Hauck Rental Services, LLC against Advanced Aerials & Equipment, a Canadian company with an office in Houston, and its president. In its complaint, the plaintiff asserts that it agreed in August of 2013 to purchase three skyjacks, or aerial work lifts, from the defendant. The complaint states that Hauck paid Advanced Aerials a total of $192,817.59 in anticipation of receiving the equipment.
So far, Hauck claims, it has not received the skyjacks. In fact, Hauck alleges that Advanced Aerials had acknowledged it they would be unable to produce the three skyjacks within the allotted time. However, the company has not refunded the cash that it has already received despite a demand from Hauck, and Hauck is now seeking restitution of that amount.
In business disputes such as this one, there may be a valid claim for breach of contract if one side of the agreement fails to live up to its obligations. Here, there could also be a claim for anticipatory breach, where it becomes apparent in advance that one party will not be able to fulfill its responsibilities under the contract. This could result in a return of the money that has been paid. An attorney may be helpful in analyzing a transaction in which one party has breached its duties and recommending the appropriate course of action to a client.
Source: The Southeast Texas Record, "Hauck Rental Services sues Canadian company for $192k", Thomas Kallies, February 20, 2014