NEW ORLEANS – A local construction equipment rental company is suing a contractor over non-payment on a bulldozer rental.
Bottom Line Equipment LLC filed suit against Sun Coast Contracting Service LLC in the Orleans Civil District Court on Jan. 24.
According to the suit, Bottom Line Equipment rents a large fleet of construction equipment and says it rented equipment to Sun Coast while performing work as a subcontractor in Nicholson, Belle Chasse, and Pearl River as well as in Mississippi. BLE asserts it rented two Caterpillar bulldozers, a Caterpillar excavator, a Hitachi excavator and Hensley Bucklet to Sun Coast, under the terms that Sun Coast be responsible for the cost of renting equipment, cost of out of state taxes applied, the cost of any damage or repair, and applicable fuel charges and contractual interest. Despite attempts to amicably recoup the money owed, BLE claims Sun Coast’s open account balance totals $16,915.41.
BLE is suing for the amount of the open account plus attorney's fees.
The plaintiff is represented by Scott G. Wolfe Jr., Seth J. Smiley and Bradley Aldrich of Wolfe Law Group LLC.
Sun Coast responded to the suit on Feb. 7, denying any wrongdoing and claiming that the plaintiff failed to state a cause of action, the damages are the fault of parties over which defendants had no control, and its claims are barred based on its failure to mitigate its damages.
Sun Coast is represented by Gary J. Giepert of the Giepert Law Firm LLC.
Case is assigned to Division F Judge Christopher J. Bruno.
Case no. 2014-00948.