Cy-Fair company sued over Caterpillar excavator

A Cy-Fair company is being sued over claims it failed to deliver a Caterpillar-brand excavator after a customer paid $98,000 for it.

D.P. Exports filed a lawsuit on Sept. 14 in Harris County District Court against Alejandro Haro and E & A Equipment, in Cy-Fair, citing breach of contract, violations of the Deceptive Trade Practices Act and fraud.

D.P. Exports says that on Nov. 24, 2010, it agreed to buy a used 2005 Caterpillar excavator, advertised online at www.machinerytrader.com, from Haro and E & A Equipment for $98,000. According to the brief, D.P. Exports paid an extra $14,250 to cover the cost of shipping the equipment. 

The suit alleges that to date, the defendants have yet to deliver the excavator to D.P. Exports and continues to make up ridiculous excuses for the unreasonable delay.

D.P. Exports is seeking damages, attorney’s fees and court costs. It is being represented in the case by Houston attorney Jonathan Day.

Harris County District Court Case No. 2011-54916.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.