Kyle Barnett Jan. 16, 2013, 7:23am

GRETNA – A West Monroe heating and cooling company is suing a local restaurant for alleged non-payment.

Terral Heat & Air, Inc. filed suit against Barnes, Inc. of Mississippi, Compleat Hospitality Management, LLC, NOLA Wings Veterans, LLC, Hani Raja Ataya, Sapna V. Desai and Amit Bharat Patel in the 24th Judicial District Court on Nov. 19.

Terral Heat & Air, Inc. claims it was subcontracted by main contractor Barnes, Inc. for the amount of $194,844 to provide HVAC work for the Buffalo Wild Wings under construction on Veterans Boulevard in Metairie. The plaintiff alleges that the defendant owes on three outstanding invoices for work completed.

Terral Heat & Air, Inc. also asserts that despite the main contractor's inability to pay it continued to work on the project at the request of the business owners who also requested to decrease the contracted amount by $30,000. The plaintiff claims it received two checks from the restaurant's owners for the $111,956.

Terral Heat & Air, Inc. asserts that the defendant failed to provide ample opportunity for the plaintiff to complete the job in a reasonable time frame, which cost it unnecessary work hours due to showing up to the job site only to be turned away because other fixtures were not in place that were necessary for it to do work. In addition, the plaintiff claims that due to delays on the project it was not able to finish work at the site before Hurricane Isaac hit the building while still under construction, which put the finishing work on the now damaged building on an indefinite delay.

The defendant is accused of breach of contract.

Damages in the amount of $82,888 are sought by the plaintiff.

Terral Heat & Air, Inc. is represented by John D. Miranda of Kinney, Ellinghausen, Richard & Deshazo.

The case has been assigned to Division J Judge Stephen J. Windhorst.

Case no. 721-242.

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