March 15, 2021, Northern District of Texas – Last week, Lonestar Prospects, Ltd. d/b/a Vista Sand (“Vista”) sued ProFrac Services, LLC (“ProFrac”) for breach of contract and to recover damages it suffered as a direct and actual result of the breach.
As stated in the complaint, ProFrac and Vista entered a contract that obligated Vista to supply and, ProFrac to purchase certain amounts of frac sand over a specified period. Allegedly, the parties also agreed that if either party failed to meet its obligations, the other party would receive a reduced, set payment for the other’s failure. ProFrac purportedly failed to purchase the sand and did not pay the agreed amount owed for such failure.
Vista sued ProFrac, alleging that the Defendant breached its obligations under the contract. Vista alleged that it sourced, maintained access to, and set aside large quantities of sand to specifically meet ProFrac’s needs. The complaint states that under the contract between the parties, if ProFrac failed to purchase the required amounts of sand during a specified time-period, ProFrac had to pay Vista $10.00 per ton for each ton that was not purchased during the period. Vista allegedly notified ProFrac that Defendant owed about $8,000,000.00 to Vista and sent several notices, but apparently ProFrac refused to pay Vista the amounts owed.
Therefore, Vista urges the Court that, ProFrac be cited to appear and answer and, be awarded all actual, special, direct, consequential, and exemplary damages to which Vista is entitled. The case is In re Vista Proppants and Logistics, LLC et al, case number: 20-42002 in the Northern District of Texas.
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