Boh Bros. files breach of contract claim against Entergy for nearly $4 million

By Max Schramel | Nov 24, 2014

NEW ORLEANS – A local contractor is suing after it was allegedly not paid nearly $4 million for a regional energy provider construction project.

Boh Bros. Construction Co. LLC filed suit against Entergy Services Inc., Entergy Solutions District Energy LTD. LLC, EnwaveUSA Corporation, EnwaveUSA (New Orleans) and Brookfield District Energy USA LLC in the Orleans Parish Civil District Court on Sept. 11.

On May 23, 2008, Boh. Bros and EnwaveUSA allegedly entered into an agreement to begin Jan. 7, 2013. Terms of the agreement required Boh. Bros to install chilled water, steam and hot water distribution systems according to the specifications organized by EnwaveUSA’s design engineers. The total sum of the project agreed between both parties totaled $9,870,970 to be paid to Boh Bros. for their services.

EnwaveUSA has allegedly failed to pay the remaining $3,921,637.99 balance in a 45-day period representing a breach of contract between Boh Bros. and EnwaveUSA. Boh Bros. claims that it has completed all required work in a satisfactory manner in accordance with the agreed upon contract as of July 18, 2014.

Boh. Bros attributes the breach of contract to blatant disagreements suffered on the work site between their workers and EnwaveUSA thermal engineers. These disagreements stem from alleged design failures by EnwaveUSA to misguided specifications given to Boh. Bros., the suit says. Scheduling conflicts were also listed by Boh Bros. as a major obstacle, criticizing EnwaveUSA’s calendar for the “milestones” desired to achieve by Project’s end.

Boh. Bros is represented by Michael R.C. Riess and John W. Bihm of Kingsmill Riess LLC.

The case has been assigned to Div. G Judge Robin M. Giarrusso.

Case no. 2014-08899.

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