SAN FRANCISCO – An Emeryville company is suing Utah business over allegations that it failed to build working units for a refining plant.
R Power Biofuels LLC filed a complaint Feb. 11 in the U.S. District Court for the Northern District of California against Chemex LLC and John Does 1-100, citing breach of contract, breach of implied covenant of good faith and fair dealing and other counts.
According to the complaint, the plaintiff alleges that in 2012, AGRON Bioenergy, of which R Power Biofuels LLC is a former owner, entered a contract with the defendant to build operational and process units for a biodiesel plant in Watsonville. The first unit delivered worked well, the suit states, but the remaining units allegedly had design and fabrication errors. As a result the plant was non-operational, the suit states, and the plaintiff has spent millions of dollars on repairs. The plaintiff holds Chemex LLC and John Does 1-100 responsible because the defendant allegedly failed to uphold their written agreement by providing a operational units.
The plaintiff seeks the following: compensation for all damages, costs and expenses, any attorney's fees and costs of the suit and any other relief the court deems just and proper. It is represented by Daniel R.C. Mortensen of Andersen Banducci PLLC in Boise, Idaho.
U.S. District Court for the Northern District of California Case number 3:16-cv-00716