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.
ProFrac and Vista entered a contract that obligated Vista to supply and, ProFrac to purchase specified amounts of frac sand over a specified period. 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 failed to purchase the sand and pay the agreed amount owed for such failure.
Vista sued ProFrac, alleging that Defendant breached its obligations under the contract and, as a result, Vista suffered damages. Vista sourced, maintained access to, and set aside large quantities of sand to specifically meet ProFrac’s needs. In line with the terms of the contract, if ProFrac failed to purchase the required amounts of sand during a specified time-period, ProFrac would pay Vista $10.00 per ton for each ton that was not purchased during the period. Vista notified ProFrac that Defendant owed about $8,000,000.00 to Vista. Vista sent several notices, but ProFrac continued to refuse to pay Vista the amounts owed.
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.