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2/20/2018 11:17 AM

Chris Daniel - District Clerk Harris County


Envelope No. 22632198
2018-10928 / Court: 281 By: Nelson Cuero
Filed: 2/16/2018 5:46 PM

CAUSE NO.________

SULZER CHEMTECH USA, INC. and § IN THE DISTRICT COURT


SULZER TURBO SERVICES §
HOUSTON, INC. §
§
Plaintiffs, §
§
v. § ___TH JUDICIAL DISTRICT

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§
BARIVEN S.A., PDVSA SERVICES, INC. §

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AND PETRÓLEOS DE VENEZUELA S.A., §
§

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Defendants. § HARRIS COUNTY, TEXAS

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PLAINTIFFS’ ORIGINAL PETITION

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Come now SULZER CHEMTECH USA, INC and SULZER TURBO SERVICES
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HOUSTON, INC. (collectively “Plaintiffs”) complaining of Defendants BARIVEN S.A.
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(“Bariven”) PDVSA SERVICES, INC. (“PSI”) and PETRÓLEOS DE VENEZUELA S.A.


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(“PDVSA”) for breach of contract, other related causes of action and asserting suit on a sworn
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account, seeking to recover actual damages, attorneys’ fees, costs of court and interest. In
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support of their claims, Plaintiffs submit the following to the Court:


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DISCOVERY CONTROL PLAN


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1. Plaintiffs intend that discovery be conducted under Level 3 of TEX. R. CIV. P. 190.
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NATURE OF THE CASE


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2. This lawsuit is filed by Sulzer Chemtech USA, Inc. and Sulzer Turbo Services
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Houston, Inc.; variously in the business of providing services or specialized equipment to other

businesses, including many in the petrochemical industry. From 2012 through 2016, Plaintiffs

received at their Harris County, Texas offices numerous Purchase Orders from PSI. PSI is a

subsidiary of Bariven, used as “one of its agents responsible for handling the international

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procurements for parts, materials, equipment and related services …”. Exhibit A – Bariven,

S.A.’s Memorandum of Law in Support of Motion for Recognition of its Rights as Victim and

Entitlement of Restitution at pg. 9 (Memorandum pg. 5), hereinafter “Exhibit A”. Bariven in

turn is “the procurement arm of the sixth largest oil and gas company in the world.” It is “the

subsidiary of PDVSA [Petroleos de Venezuela, S.A.] in charge of, among other things, procuring

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and acquiring parts, materials, and equipment needed by some of PDVSA’s subsidiaries and

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affiliates for their exploration, production, and refining activities, as well as for their gas-

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production related activities”. Exhibit A pg.6 (Memorandum pg. 2). The PSI Purchase Orders at

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issue here requested services and equipment for a PDVSA refinery located in Venezuela.

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Bariven and PSA were thus acting as agents for their parent company, PDVSA. Pursuant to
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those Purchase Orders, Plaintiffs began providing those services and equipment in December of
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2013.
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3. The terms of the Purchase Orders were negotiated in Harris County, Texas
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between Harris County residents PSI, Bariven and Plaintiffs and the resulting Purchase Orders
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were received at Plaintiffs’ offices in Harris County. Thereafter Plaintiffs rendered the services
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and delivered the equipment as specified; and PSI and Bariven accepted those services and
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products. Plaintiffs sent their invoices to the Harris County offices of PSI and Bariven and from
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June until September of 2014 PSI did make some payments. Thereafter, despite continuing to
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issue Purchase Orders and to avail themselves of Plaintiffs’ services and equipment, no further
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payments were made by any of the Defendants. The oldest unpaid invoice was sent by Plaintiffs

in February of 2014. Over the months and years that followed, PSI and Bariven repeatedly

represented to Plaintiffs that payment on the overdue invoices would shortly be forthcoming, that

they valued Plaintiffs’ services and equipment and that they were looking forward to a long and
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mutually beneficial business arrangement. Given that more than three years have passed since

the last payment was made those promises have proven empty and it is apparent that Defendants

will not pay unless compelled.

4. After providing due notice (which included a meeting in person in Venezuela) and

sending thereafter a demand letter with presentment of their claims, Plaintiffs’ invoices to PSI

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and Bariven in the amount of $14,273,844.98 remain unpaid. Plaintiffs seek recovery of the

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amounts unpaid and owing, along with reasonable and necessary attorneys’ fees, and pre- and

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post-judgment interest and court costs as allowed by law.

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PARTIES

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5. Plaintiff SULZER CHEMTECH USA, INC. is a Delaware corporation with its
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principal place of business located at 8505 East North Belt Drive, Humble, Texas, in Harris
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County, Texas.
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6. Plaintiff SULZER TURBO SERVICES HOUSTON, INC. is a Delaware


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corporation with its principal place of business located at 11518 Old La Porte Road, La Porte,
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Texas, in Harris County, Texas.


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7. Defendant BARIVEN S.A. is a Venezuelan corporation. Although it previously


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designated an agent for service in the State of Texas, Bariven let the designation lapse. It
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continues doing business in the State of Texas.


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Upon information and belief, and based on filings with the Texas Comptroller’s
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Office, Bariven S.A. still maintains a local agent in Houston, Texas within Harris County at the

following address:

11490 Westheimer Road


Houston, Texas 77077-6847

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Pursuant to TEX. CIV. PRAC. & REM. CODE §17.023, service may be accomplished by delivering

a copy of citation and this action upon the local agent or any agent of Bariven S.A. at the above

Houston address.

8. Defendant PDVSA SERVICES, INC. is a Delaware corporation with its principal

place of business in Harris County, Texas. Exhibit A, p.9. PDVSA Services, Inc. is registered to

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conduct business in the State of Texas and maintains a designated agent for service of process in

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the State of Texas. PDVSA Services, Inc. may be served through its registered agent CT

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Corporation System at 1999 Bryan St., Suite 900, Dallas, Texas 75201-3136.

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9. Defendant PETRÓLEOS DE VENEZUELA, S.A. is a Venezuelan corporation

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with its principal place offices in Venezuela. Although it previously designated an agent for
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service in the State of Texas, PDVSA let the designation lapse, though continues doing business
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in the State of Texas. Thus, PDVSA should be served pursuant to the terms of the Hague
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Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or


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Commercial Matters (“Hague Convention”) by a judicial request from this Court, directing
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service through the Central Authority in Venezuela, whose address is:


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Ministerio del Poder Popular para Relaciones Exteriores


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Oficina de Relaciones Consulares


Avenida Urdaneta
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Esquina de “Carmelitas” a “Puente Llaguno”


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Edificio anexo a la Torre “MRE”


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Caracas, 1010
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República Bolivariana de Venezuela

Pursuant to the Hague Convention, the Central Authority in Venezuela should be directed to

serve notice of this lawsuit on Bariven at the following address:

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Petróleos de Venezuela, S.A.
Attn. Eudomario Carruyo, President
AV. Liberador, Urb. La Campina
Edif. Petroleos de Venezuela
Caracas, Distrito Capital 1050
Centro Empresarial Eurobuilding, Piso 10
Calle La Guairita
Caracas, 1061, Distrito Federal
República Bolivariana de Venezuela

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JURISDICTION AND VENUE

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10. This Court has personal jurisdiction over the Defendants PSI and Bariven as both

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have conducted significant business for several years within the State of Texas, including in

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Harris County, Texas. PSI and Bariven entered into contracts with Plaintiffs for the provision of

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equipment and services in Harris County, Texas. Indeed, those Defendants required Plaintiffs to
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send their invoices for payment to Defendants’ principal offices in Houston, Texas.
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11. This Court has personal jurisdiction over the Defendants because they have
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sufficient minimum contacts with Texas such that the assumption of jurisdiction will not offend
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traditional notions of fair play and substantial justice.


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12. Venue is proper in Harris County, Texas pursuant to TEX. CIV. PRAC. & REM.
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CODE § 15.002 because all or a substantial part of the acts or omissions giving rise to Plaintiffs’
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claims occurred in Harris County, Texas.


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13. Venue is proper because PSI has its principal offices in Houston, Harris County,
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Texas, and because Bariven maintains its local agency in Harris County, Texas. See TEX. CIV.
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PRAC. & REM. CODE §§ 15.002(a)(1) (“county in which all or a substantial part of the events or

omissions giving rise to the claim occurred”); 15.002(a)(3) (“county of the Defendant’s principal

office in this State, if the Defendant is not a natural person”).

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14. Venue is proper under TEX. CIV. PRAC. & REM. CODE §15.035(a) because (1) the

parties’ contracts required performance of obligations in this county—in particular, by requiring

that the invoices be delivered to PSI’s principal office in Houston, Harris County, Texas and that

payment of Plaintiffs’ invoices would be issued from Defendants’ offices in Harris County,

Texas.

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15. The Court has subject matter jurisdiction over this dispute as Plaintiffs’ claims for

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damages are in an amount over the jurisdictional requirements as Plaintiffs seek monetary relief

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in excess of $1,000,000.

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FACTUAL BACKGROUNG

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PDVSA, PSI and Bariven
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16. PDVSA is in the business of exploration, extraction, transportation, refining,
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storing and marketing crude oil, petroleum, natural gas and hydrocarbon. PDVSA is the
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Venezuelan state owned oil and natural gas company.


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17. Bariven is a Venezuelan company that is a wholly-owned subsidiary of PDVSA.


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Bariven is involved in the acquisition of equipment, machinery and services in the oil
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exploration, extraction and refining processes of PDVSA.


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18. PDVSA Services, Inc. acts as a purchasing agent for its parent company Bariven.
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Sulzer Chemtech USA, Inc.


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19. Sulzer Chemtech USA, Inc. (“Sulzer Chemtech”) provides field services and
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equipment as well as process technology to the refinery, petrochemical, ammonia, nitric acids

and pulp and paper industries worldwide. For example, Sulzer Chemtech erects vessels,

removes, modifies and replaces trays and packing in distillation towers, performs inspections and

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cleans vessel walls to remove the build-up of residual byproduct left behind from chemical

processes in vessels.

20. On November 27, 2012, PSI, as purchasing agent for Bariven, issued Purchase

Order #5100103556 from its office in Houston, Texas to Sulzer Chemtech in Humble, Texas, for

repairs to Towers C-5103, C-5104, C-5105 of Unit Alkyl-2 of the Cardón Refinery which is part

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of the Paraguaná Refining Center1 located on the Paraguaná Peninsula in the State of Falcón,

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Venezuela. See Figure 1.

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Figure 1.
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21. For Purchase Order #5100103556, the total cost for the equipment and services
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provided to be was $6,350,610.00, a true and correct copy of which is attached as Exhibit B.
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The Paraguaná Refining Center, which is comprised of three refineries, is the largest refinery in the Western
Hemisphere and has the capacity to process 971,000 barrels of oil per day. The Cardón Refinery has a capacity of
310,000 barrels per day according to PDVSA. See PDVSA website available at
http://www.pdvsa.com/index.php?option=com_content&view=article&id=6550&Itemid=903&lang=en (last visited
November 30, 2017).
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22. Sulzer Chemtech thereafter provided the equipment and services as detailed in

Purchase Order #5100103556 and sent invoices periodically to PSI. True and correct copies of

those invoices are attached as Exhibit C.

23. PSI paid invoices until September 26, 2014, after which no further payments have

been made.

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24. During the course of the project, PSI issued two additional Purchase Orders to

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Sulzer Chemtech for additional work to be performed at the Cardón Refinery.

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25. On January 7, 2014, PSI as purchasing agent for Bariven, issued Purchase Order

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#5100111925 from its office in Houston, Texas to Sulzer Chemtech in Humble, Texas, for

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additional work and equipment for the C-5103 tower, a true and correct copy of which is
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attached as Exhibit D. See Figure 2.
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Figure 2.

26. For the scope of the work covered by Purchase Order #5100111925, the total

amount for the equipment and services provided was $1,150,000.00.

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27. Sulzer Chemtech thereafter provided the equipment and services in accordance

with Purchase Order #5100111925 and sent invoices periodically to PSI. True and correct

copies of those invoices are attached as Exhibit E.

28. PSI failed to pay any of the invoices sent by Sulzer Chemtech for work and

equipment provided in accordance with its Purchase Order #5100111925.

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29. On February 19, 2014, PSI as purchasing agent for Bariven, issued Purchase

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Order #5100112753 from its office in Houston, Texas to Sulzer Chemtech in Humble, Texas, for

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additional work and equipment for the C-5104 tower, a true and correct copy of which is

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attached as Exhibit F. See Figure 3.

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Figure 3.
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30. For the scope of the work covered by Purchase Order #5100112753, the total
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amount for the equipment and services provided was $3,312,000.07.

31. Sulzer Chemtech thereafter provided the equipment and services in accordance

with Purchase Order #5100112753 and sent invoices periodically to PSI. True and correct

copies of those invoices are attached as Exhibit G.


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32. PSI failed to pay any of the invoices sent by Sulzer Chemtech for work and

equipment provided in accordance with Purchase Order #5100112753.

33. Table 1 identifies the Purchase Orders issued by PSI as purchasing agent for

Bariven, invoices issued by Sulzer Chemtech for those Purchase Orders and the amounts and

dates that payment, if any, were made, as well as the unpaid and outstanding amounts.

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Purchase Order # Invoice # Invoice DateDue DatePayment Date Invoice $ Paid Outstanding

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5100103556 196433 12/30/13 6/2/14 $ 341,027.76 $ 341,027.76
5100103556 196434 12/30/13 4/1/14 $ 889,085.40 $ 889,085.40

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5100103556 196488 1/9/14 9/3/14 $ 482,646.36 $ 482,646.36

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5100103556 196489 1/9/14 9/3/14 $ 374,685.99 $ 374,685.99
5100103556 196490 1/9/14 7/17/14 $ 408,979.28 $ 408,979.28

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5100103556 196491 1/9/14 6/2/14 $ 402,628.67 $ 402,628.67
5100103556 196765 1/31/14 9/26/14 $ 270,535.99 $ 270,535.99

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5100103556 196830 2/11/14 6/11/14 $ 246,403.67 $ 246,403.67
5100103556 196832 2/12/14 6/12/14 $ 364,525.01 $ 364,525.01
5100103556 196833 2/12/14 6/12/14 Da $ 572,189.96 $ 572,189.96
5100103556 196972 2/26/14 6/26/14 $ 711,268.32 $ 711,268.32
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5100103556 197260 3/25/14 7/23/14 $ 381,036.60 $ 381,036.60
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5100103556 197363 3/31/14 7/29/14 $ 762,073.20 $ 762,073.20


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5100103556 197362 3/31/14 7/29/14 $ 143,523.79 $ 143,523.79


5100111925 196767 1/31/14 5/31/14 $ 425,500.00 $ 425,500.00
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5100111925 196831 2/11/14 6/11/14 $ 310,500.00 $ 310,500.00


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5100111925 196962 2/26/14 6/26/14 $ 92,000.00 $ 92,000.00


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5100111925 197053 2/27/14 6/27/14 $ 322,000.00 $ 322,000.00


5100112753 197196 3/18/14 7/16/14 $ 397,108.81 $ 397,108.81
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5100112753 197197 3/18/14 7/16/14 $ 1,004,860.82 $ 1,004,860.82


5100112753 197198 3/18/14 7/16/14 $ 565,689.61 $ 565,689.61
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5100112753 197268 3/25/14 7/23/14 $ 928,022.42 $ 928,022.42


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5100112753 197364 3/31/14 7/29/14 $ 416,318.41 $ 416,318.41


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Total $ 10,812,610.08 $ 3,169,589.45 $ 7,643,020.63


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Table 1.
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34. The total amount that is due and owed to Sulzer Chemtech from PSI is
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$7,643,020.63.

Sulzer Turbo Services Houston, Inc.

35. Sulzer Turbo Services Houston, Inc. (“Sulzer Turbo”) provides repair and

remanufacture of turbomachinery including products such as gas turbines, gas turbine component
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parts, steam turbines, and centrifugal and screw compressors in addition to services such as heat

treatments, coatings, specialized welding and high speed balancing for customers throughout the

world.

36. Pursuant to Purchase Orders issued by PSI, as purchasing agent for Bariven,

Sulzer Turbo provided services to Defendants on equipment owned by Petroleos de Venezuela

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S.A. (“PDVSA”), the parent company of PSI and Bariven, from 2014 through 2016. Those

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services were rendered in Texas at Sulzer Turbo’s facility located in La Porte, Texas. Sulzer

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Turbo also provided services on some equipment owned by PDVSA or one of its affiliates in

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South America. True and correct copies of PSI Purchase Orders # 5100097073, 5100111164,

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5100102611, 510098572, 5100102373, 5100112112, and 5100110472 are attached as Exhibit H.
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37. After the services had been provided in accordance with the PSI Purchase Orders,
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Sulzer Turbo sent invoices periodically to PSI. True and correct copies of those invoices are
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attached as Exhibit I.
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38. PSI failed to pay any of the invoices sent by Sulzer Turbo for services on the
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equipment as sought by PSI Purchase Orders # 510009707, 510011116, 510010261, 51009857,


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510010237, 510011211, and 510011047.


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39. Table 2 identifies the Purchase Orders issued by PSI as purchasing agent for
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Bariven, invoices issued by Sulzer Turbo for those Purchase Orders and the unpaid and
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outstanding amounts.
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Table 2.

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40. The total amount that is due and owed to Sulzer Turbo from PSI is $6,630,824.35.

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Presentation of the Debt and Attempts to Resolve the Dispute

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41. In the spring of 2015, representatives traveled to Venezuela to meet a PDVSA

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executive named Jesus Luongo. Upon information and belief, Mr. Luongo is the Vice President

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of Refining, Trade & Supply and Internal Director of PDVSA.2 Mr. Luongo has served in this
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capacity since 2007 and at all material and relevant times had actual or apparent authority to bind
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PDVSA as well as the Defendants. Neither Mr. Luongo nor anyone at PSI, Bariven or PDVSA
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raised any issues or concerns about the conforming nature of the equipment and services
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provided by Plaintiffs in accordance with various Purchase Orders. Mr. Luongo represented at
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the meeting that Defendants were committed to paying the outstanding debt to Plaintiffs, that
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making payments was a priority and that Defendants would be clearing the outstanding invoices
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within the following three to five months. No payments were ever received.
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In another attempt to obtain payment, on March 7, 2016, Plaintiffs sent a letter to


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Defendants that detailed the amounts Defendants owed to Plaintiffs and requested payment of
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the outstanding debts. A true and correct copy of the letter is attached as Exhibit J. Defendants

failed to respond to Plaintiffs’ letter and no payments were made.


2
See PDVSA’s website available at
http://www.pdvsa.com/index.php?option=com_content&view=article&id=84:jesus-
luongo&catid=8&Itemid=101&lang=es (last visited 11/30/2017).
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CAUSES OF ACTION

COUNT ONE – BREACH OF CONTRACT

42. Plaintiffs incorporate by reference the factual allegations in the preceding

paragraphs.

43. Plaintiffs and Defendants entered into a valid and enforceable agreement for the

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provision of equipment and services by Plaintiffs in consideration of the payment by Defendants

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for same. These were arm’s length transactions between Sulzer and an entity that boasts that its

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“procurement activities provide it with considerable economic clout.” Exhibit A, p.6.

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44. PSI and Bariven issued Purchase Orders to Plaintiffs in Harris County, Texas.

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Plaintiffs then provided the equipment and services in accordance with the Purchase Orders.
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Throughout the time the work progressed and after completion, Plaintiffs sent invoices
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periodically for payment for its equipment and services according to the terms of the Purchase
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Orders. While Plaintiffs performed their obligations under the agreements, Defendants have not.
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45. Though some payments and partial payments were made, Defendants’ unpaid
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balance eventually amounted to $14,273,844.98. A final demand for payment was made in
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December of 2017. Neither payment nor response has been forthcoming.


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46. To establish prima facie evidence of an account in default under TEX. R. CIV. P.
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185 Plaintiff must verify by affidavit from an affiant with knowledge of the open account, the
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prices agreed to and all just and lawful offsets, payments and credits: (1) the sale and delivery of
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the goods and services; (2) that the amount owed on the account is just (i.e. that the prices

charged are in accordance with the contract or, in the absence of a contract, are the usual,

customary and reasonable prices for those good and services); and, (3) that the amount Plaintiff

claims it is owed is in fact unpaid. As described above, PSI and Bariven submitted signed
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Purchase Orders for equipment and services from Plaintiffs. Those goods and services were

delivered as requested. Some of the equipment and services were provided to PSI and Bariven in

Houston, Harris County, Texas, and the bulk was rendered to PSI and Bariven in Venezuela.

Both PSI and Bariven agreed in advance to the price for those goods and services and have never

denied that they were delivered and rendered according to the Purchase Orders by which they

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were sought. All invoices for those goods and services were in accordance with Bariven’s and

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PSI’s Purchase Orders and all charges made to Defendant’s account were in accordance with the

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amounts PSI and Bariven had agreed in writing to pay. All offsets, credits and payments have

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been applied. Only liquidated damages are sought by way of this breach of contract claim for

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failure to pay and the amount sought is just and true.
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47. Both PSI and Bariven promised to pay Plaintiffs for this equipment and labor.
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The prices charged were those PSI and Bariven had agreed in advance to pay. PSI and Bariven
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have failed to make the required payments pursuant to the parties’ agreement.
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48. The Affidavit of Plaintiff Sulzer Chemtech USA, Inc. authorized representative
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satisfying the requirement of Rule 185 is attached hereto as Exhibit K. The unpaid balance of
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$7,643,020.63 is due and owing. All just and lawful offsets, payments, and credits have been
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allowed.
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49. The Affidavit of Plaintiff Sulzer Turbo Services Houston, Inc. authorized
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representative satisfying the requirement of Rule 185 is attached hereto as Exhibit L. The unpaid
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balance of $6,630,824.35 is due and owing. All just and lawful offsets, payments, and credits

have been allowed.

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50. Plaintiffs are also entitled to recover reasonable and necessary attorneys’ fees,

costs and interest incurred in the prosecution and collection of the unpaid balance of its open

account as provided in TEX. CIV. PRAC. & REM. CODE § 38.001.

COUNT TWO – QUANTUM MERUIT

51. Plaintiffs incorporate by reference the factual allegations in the preceding

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paragraphs.

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52. In the alternative, Plaintiffs provided valuable equipment and services in the sum

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of $14,407,406.85 for PSI and Barivens. PSI and Barivens accepted the equipment and services,

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with reasonable notice that Plaintiffs expected compensation for the labor and materials.

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However, PSI and Barivens failed to pay Plaintiffs compensation for such labor and materials.
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53. By reason of the foregoing, Plaintiffs are owed and have sustained damages in
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excess of $14,407,406.85 together with interest, costs and attorneys’ fees, no part of which has
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been paid although demand for payment was duly made.


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COUNT THREE – DECLARATORY JUDGMENT ACTION


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54. Plaintiffs incorporate by reference the factual allegations in the preceding


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paragraphs.
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55. The parties’ agreements with respect to Plaintiffs’ provision of equipment and
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services for the benefit of Bariven to its agent, PSI in Houston, Texas as well as Venezuela,
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raises a dispute with respect to the rights, status, and legal relations among Plaintiffs, PSI and
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Bariven. Plaintiffs seek a declaratory judgment from this Court pursuant to TEX. CIV. PRAC. &

REM. CODE § 37.001, et seq. Specifically, Plaintiffs seek a declaration that both PSI and Bariven

are fully liable for all amounts due and owing, and that PSI and Bariven each received benefits

and thus maintain contractual liability in the agreements with Plaintiffs.


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56. In addition, Plaintiffs seek a declaration that PSI at all times acted as the duly

authorized agent and is fully liable to Plaintiffs for the indebtedness of Bariven for the equipment

and services provided. Plaintiffs also seek a declaration that Bariven is fully liable since it was

the party instructing PSI to issue the Purchase Orders for the equipment and services that were

provided for Bariven and was for Bariven’s benefit at the Cardón Refinery.

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57. Plaintiffs seek a declaration that payment is due and owing from both PSI and

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Bariven, jointly and severally, because the parties’ agreement called for invoicing to both

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entities, and wire transfer or payment from PDVSA Services, Inc., on behalf of Bariven S.A.,

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care of their Houston, Texas office. A declaratory judgment should issue that PSI and Bariven

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are jointly and severally liable, as Bariven instructed PSI to order the equipment and services and
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received the benefit from the provision of those services and equipment at its overseas refinery
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only by representing to Plaintiffs that PSI had the contractual joint obligation to pay for the
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equipment and services from its Houston, Texas office. Plaintiffs seek a declaration that both
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PSI and Bariven are contractually liable to Plaintiffs for the provision of the equipment and
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services.
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58. Finally, PSI and Bariven are the alter egos of PDVSA and were used to perpetrate
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an actual fraud on Plaintiffs for the direct benefit of PDVSA. Plaintiffs thus respectfully request
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that the Court disregard the corporate form and pierce the corporate veil to hold PDVSA jointly
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and severally liable for the obligations of PSI and Bariven in an equitable manner. Plaintiffs seek
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a declaration that PDVSA is jointly and severally liable to Plaintiffs for the wrongdoing

described in this petition.

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CONDITIONS PRECEDENT

59. Plaintiffs have complied with and fulfilled all conditions precedent to pursuing its

claims and to its entitlement to relief sought, including presentment of those claims and the

amounts due by PSI and Bariven.

ATTORNEYS’ FEES

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60. Plaintiffs incorporate by reference the factual allegations in the preceding

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paragraphs.

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ist
61. Plaintiffs are entitled to its attorneys’ fees for filing and prosecuting this lawsuit

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against PSI and Bariven due to their breach of the agreements pursuant to TEX. CIV. PRAC. &

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REM. CODE §§ 38.001(3) (“furnished material”), (7) (“sworn account”), and (8) (“an oral or
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written contract”). Plaintiffs are also entitled to their attorneys’ fees under the provisions of the
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Texas Uniform Declaratory Judgment Act, seeking relief with respect to the parties’ rights,
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status, and legal relations, as provided in TEX. CIV. PRAC. & REM. CODE §§ 37.001 and 37.009
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(“court may award costs and reasonable and necessary attorneys’ fees as are equitable and just”).
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JURY DEMAND
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62. Plaintiffs hereby demand a trial by jury and states that they have tendered the
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required fee to the Court.


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PRAYER FOR RELIEF


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WHEREFORE, Plaintiffs Sulzer Chemtech USA, Inc. and Sulzer Turbo Services
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Houston, Inc. pray that Defendants Barivens S.A. and PDVSA Services, Inc. be cited to appear

herein and that the Court enter a Final Judgment for all relief sought including:

(1) the liquidated damages reflected in Defendants’ unpaid, open account;

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HOU 408772553v1
(2) the amount by which Defendants were unjustly enriched as the result of its use of

Plaintiffs’ unreimbursed services and goods;

(3) reasonable attorneys’ fees and expenses;

(4) pre-judgment and post-judgment interest as allowed by law;

(5) all court costs allowed by law;

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(6) a declaration of Plaintiffs Sulzer Chemtech USA, Inc., Sulzer Turbo Services Houston,

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Inc., ’s rights, status, and of the duties and obligations of Bariven S.A. and PDVSA

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ist
Services, Inc.;

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(7) a declaration and final judgment that Bariven S.A., PDVSA Services, Inc. and PDVSA

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are jointly and severally liable for all amounts awarded to Plaintiffs; and
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(8) such other and further relief, both general and special, at law and in equity, to which they
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may be justly entitled.


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Respectfully submitted,
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GREENBERG TRAURIG, L.L.P.


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By: /s/ David A. Oliver


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David A. Oliver
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Bar No. 15257510


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Paul B. Kerlin
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Bar No. 24044480


1000 Louisiana Street, Suite 1700
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Houston, TX 77002
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Telephone: (713) 374-3500


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Facsimile: (713) 754-7598


oliverda@gtlaw.com
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kerlinp@gtlaw.com

ATTORNEY FOR PLAINTIFFS, SULZER


CHEMTECH USA, INC., SULZER TURBO
SERVICES HOUSTON, INC.

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HOU 408772553v1