Construction company sues jobsite over damaged equipment during Hurricane Isaac

NEW ORLEANS— A New Orleans company is suing the operator of a jobsite for failing to prevent flooding and destruction of equipment during Hurricane Isaac.

F. H. Paschen (FPH) and S. N. Nielsen & Associates LLC filed suit against Veolia Water North America Operating Services LLC in the Orleans Parish Civil District Court on Aug. 13.

The plaintiff claims that the actions of Veolia are the direct, proximate, and legal cause for the damages sustained by FHP. They claim that as the operator of East Bank Wastewater Treatment Plant, Veolia had a duty to ensure emergency preparation to secure and protect the plant, including its component parts and the property.

The defendant is accused of negligence and failure to ensure that all emergency procedures were in place in preparation for Hurricane Isaac’s landfall. FHP argues that Veolia breached its duty to use reasonable care by failing to fuel the backup generator that would have prevented the flooding and destruction of FHP’s jobsite and property.

An undisclosed amount is sought for costs to inventory material, repair and replacement of all damaged equipment damage including electrical equipment, switchgear, transformer, light fixtures, EF-1, EF-2, and ERV units, elevator and components, roofing materials, moisture resistant board, and scaffolding, as well as any additional overhead and profit associated with the 123 calendar delay in FHP’s project resulting in increased incurred costs incurred by FHP for labor, materials, equipment and insurance.

The plaintiff is represented by Richard E. King of Galloway, Johnson, Tompkins, Burr & Smith.

The case has been assigned to Division D Judge Lloyd J. Medley.

Trial by jury has been requested.

Case no. 2013-07620.