Breach of Contract – Antcliff Mediation

If you have a verdict you would like to report, please call Lucy Crabtree at Antcliff Mediation, P.L.L.C. (915) 533-1221.

2023

November 17, 2023. Strickler & Prieto, LLP v. Cambrian Industries, Inc.; Cause No. 2016DCV1712. Business debt/breach of contract case in the County Court at Law # 3. The jury determined that Plaintiff, or someone acting on its behalf, did not exercise diligence in having Defendant served. However, the jury also found that Defendant acknowledged the debt it owed to Plaintiff, that Defendant maintained an account with Plaintiff, that said account arose out of the business dealings between the parties, that a systematic record of such account was maintained by Plaintiff, and that all just and true credits were applied to said account. The jury found that Defendant owed $31,128.00 to Plaintiff on the account, that three was a contract between the parties, and that Defendant failed in its obligation to pay Plaintiff for the services provided. The jury did not award any attorney’s fees.

August 30, 2023. IThibaut Spilliaert v. Scotty Lee Clark, Betty Clark, and A. Janssen, Inc. d/b/a Scott Heating and Cooling; Cause No. 2021DCV0979. Breach of contract/Mediated Settlement Agreement case in the 205th Judicial DIstrict Court. The jury determined that Defendant Scotty Lee Clark failed to comply with Paragraph 7 of the Mediated Settlement Agreement and that his conduct was not excused by any material breach of the settlement agreement by Plaintiff. The jury further found that Defendant Scotty Lee Clark’s breach was not excused by the Doctrine of Quasi-Estoppel. Finally, the jury awarded $104,192.43 to Plaintiff as fair and reasonable compensation for Plaintiff’s damages and awarded $59,000 to Plaintiff as attorney’s fees for representation in the trial court, $15,000 for representation in the court of appeals, $15,000 for representation in the Supreme Court.

August 10, 2022. Indel Food Products, Inc. v. Dodson International Parts, Inc.; Cause No. EP-20-CV-0098-KC. Breach of contract case in the United States District Court for the Western District of Texas. The jury determined that the parties entered into a valid contract. Defendant had an obligation under the agreement to inspect the aircraft within 12 business days of signing the contract, and that Defendant failed to comply with that obligation. The 12 day inspection period was a material part of the contract. The jury also found that Defendant was a consumer and that Plaintiff engaged in false, misleading or deceptive acts. The trial was bifurcated, and the jury awarded Plaintiff $165,000.00 for Defendant’s failure to comply with the contract. The jury further found that Defendant be awarded $125,240.00 for Plaintiffs damages stemming from Plaintiff’s false, misleading or deceptive acts. Finally, the jury determined that Plaintiff knowingly and intentionally engaged in the false, misleading or deceptive acts but awarded no damages as a result of that conduct.

January 22, 2020. West Distributors, Inc. v. Expeditors International of Washington, Inc. Cause No. 2011DCV04011. Breach of contract case in the County Court at Law # 6 in El Paso County, Texas. The jury determined that Defendant breached it contract with Plaintiff, including the 2009 Vendor Service Agreement and the 2010 Service Provider Agreement and that Defendant’s breach was not excused. The jury awarded Plaintiff $510,000.00 for Loss of Storage Fee and $153,669.44 for invoices that Plaintiff had paid. The jury further awarded attorney’s fees in the amount of $627,046.47 though trial and made contingent awards for appeals. The jury also awarded Defendant $1,262,871.45 in attorney’s fees, as well as contingent fees in the event of appeals – however, because Defendant was not a prevailing party under the contract, said fees are not in the final judgment.

April 11, 2019. Reza Chini and Lisa Chini v. Jose Ramos d/b/a Ramos Roofing; Cause No. 2017DCV1652. Breach of contract case in the County Court at Law # 7 in El Paso County, Texas. In the bench trial, the Court determined that Defendant’s breach of contract counter-claims had merit and awarded $14,425.05 to Defendant/Counter-claimant.

February 15, 2018. BEPCO, Inc. v. RMTDC Operations, LLC d/b/a Total Energy Services; Cause No. CV50404. Breach of contract case in the 385th Judicial District Court in Midland County. The jury determined that Defendant complied with the Master/Work Service Agreement.

December 12, 2016. Saab Site Contractors, L.P. v. C & C Road Construction, Inc.; Cause No. 2014DCV2960. Breach of contract case in County Court at Law # 6. The jury determined that Defendant breached its contracts with Plaintiff and awarded $17,856.94 in contractual damages as to the first contract and $37,003.62 in contractual damages as to the second contract. The jury also awarded Plaintiff $85,000.00 in attorney’s fees through trial of the case.

November 10, 2016. Riocan America Management, Inc. as Managing Agent for Las Palmas Dunhill, LP v. Mirka L. Serrato d/b/a Tenampa and Serrma, LLC v. Las Palmas Riocan, LP f/k/a Las Palmas Dunhill, LP; Cause No. 2014DCV0623. Lease enforcement case in the 384th Judicial District Court. Defendant brought counter-claims for common law and statutory fraud, fraudulent inducement and promissory estoppel and filed a Third-Party Petition for similar claims. The jury found that Defendant’s failure to comply with the lease was excused and awarded her actual damages of $672,000.00 on her counter-claims, $250,000.00 in exemplary damages,$32,000.00 in attorney’s fees through trial, $16,000.00 in the event of an unsuccessful appeal to the court of appeals, $16,000.00 for representation at the petition for review state in the Supreme Court of Texas, $16,000.00 for representation at the merits briefing stage of the Supreme Court of Texas, and $$80,635.80 for pre-judgment interest through trial.

July 25, 2016. Globe Builders, Inc. v. Grazco, Inc. d/b/a Precision Welding & Fabrication, Anadarko Petroleum Corporation and Mustang Engineering, LP; Cause No. 2012DCV06695. Breach of contract and negligence case in the County Court at Law # 5. The jury determined that Plaintiff failed to comply with its contract with Defendant Grazco, Inc. d/b/a Precision Welding & Fabrication and awarded Defendant Grazco, Inc. $148,132.62 in contract damages. The jury also awarded attorneys fees in the amount of $139,972.00 through the trial, $15,000.00 in the event of an appeal to the court of appeals, and $25,000.00 in the event of an appeal to the Texas Court.