Scott Galante
NEW ORLEANS – A Metairie-based heating and cooling company is being sued for breach of contract.
Linda Stone and Hugo Montero filed suit against Air One Heating and Cooling and their insurer in the Orleans Parish Civil District Court on July 3. Stone and Montero claim that in 2009 they purchased numerous air conditioning units to be installed at their property.
The plaintiffs allege that shortly after signing a contract with the defendant the air conditioning units began to be installed, but when the electricity was turned on at the property the units did not work correctly. Stone and Montero assert that negotiations between them and the defendants resulted in the malfunctioning units being removed and new units being installed, however, the plaintiffs claim the new units also malfunctioned.
Stone and Montero allege that Air One claimed the manufacturer of the units was to blame. After negotiating with the manufacturer to replace some of the supposedly malfunctioning units a third party installer replaced some of the defective units and with working units. The plaintiffs claim the way in which Air One installed the units caused their malfunction.
The defendant is accused of failing to install according to instruction, failing to install correctly, failing to install to best practices and misinforming the plaintiffs about the reasons the installations were unsuccessful.
An unspecified amount in damages is sought for funds used to pay for substandard work, future financial losses to be suffered by the plaintiffs to replace all malfunctioning units, repayment of funds paid for incomplete tasks, loss of business property value, lost business opportunity, mental anguish, emotional distress and attorney's fees and costs.
Stone and Montero are represented by Scott M. Galante of New Orleans-based Galante & Bivalacqua, LLC.
The case has been assigned to Division I Judge Piper D. Griffin.
Case no. 2012-06496.