Commercial kitchen suing contractors for $1.8M for installing malfunctioning HVAC system

By Kyle Barnett | Aug 19, 2013

GRETNA – The owner of a commercial kitchen is suing a number of contractors for allegedly failing to properly install a heating and air conditioning system that has resulted in the business not being able to operate.

MMI Culinary Services Inc. filed suit against IMC Consulting Engineers Inc., Comfort Engineered Systems Inc. and CALI & Laplace Engineers LLC in the 24th Judicial District Court on June 13.

MMI Culinary Services Inc. claims that the defendants planned and built an HVAC system for their commercial kitchen beginning in 2011 and that when it was completed in March 2012 it did not work properly. The plaintiff alleges that they spent $100,000-150,000 in remedial expenses to install six different exhausts and cutting holes in the facilities walls to separate diferent system components. MMI Culinary Services Inc. asserts the original system installed by the defendants was entirely inadequate, did not provide proper ventilation and did not meet U.S. Food and Drug Administration or U.S. Department of Agriculture minimum standards.

The plaintiff claims the cost for bringing the HVAC system up to specifications would cost between $905,00 and $1.1 million. MMI Culinary Services Inc. alleges that the defendants were given the opportunity to inspect and correct the system, but they have made no steps to fix the problem.

The defendant is accused of breach of conventional obligation, defective work and falling below the standard of performance for engineers.

Damages in the amount of $1.8 million plus attorney’s fees and costs is sought by the plaintiff for lost sales due to the deficiencies, destruction of the new building, inability to deliver on food production contracts and increased labor costs.

MMI Culinary Services Inc. is represented by Alan R. Sacks of New York-based Sacks & Muccini LLC.

The case has been assigned to Division N Judge Stephen D. Enright Jr.

Case no. 727-939

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