Contractor sues to collect payments involving Veterans hospital construction

A Louisiana corporation is suing a group of companies for alleged breach of a contract originating in 2009.

TKTMJ Inc. filed against joint venture Clark/McCarthy Healthcare Partners of Louisiana; Travelers Casualty and Surety Company of Louisiana; Federal Insurance Company of Indiana; and Zurich American Insurance Company of New York, in the U.S. District Court of the Eastern District of Louisiana on May 5, citing breach of contract over a September 2009 agreement.

The suit states that the United States Department of Veteran Affairs awarded a contract to Clark/McCarthy for the construction of the Southeastern Louisiana Veterans Healthcare System Replacement Hospital in New Orleans, Louisiana on or about Sept. 30, 2009.

According to the filing, the three remaining defendants issued a bond with Clark/McCarthy as principal on Oct. 6, 2009; and on or about Oct. 28, 2011, Clark/McCarthy subcontracted with plaintiff TKTMJ Inc. to execute part of the project.

The complaint states that despite TKTMJ Inc. having satisfied its obligations, Clark/McCarthy has not rendered payment due. Alleging the principal outstanding sum to be at least $135,710, the plaintiff cites breach of contract; violation of the Miller Act, and failure of surety to pay pursuant to the Travelers/ Federal/Zurich bond.

TKTMJ seeks compensation of $135,710, plus interest; another 10 percent in attorneys' fees; expenses and costs. The plaintiff is represented by Shailendra U. Kulkarni, Daniel Lund III, Tamara Lindsay and Gillian Gibbs of Coats, Rose, Yale, Ryman & Lee in New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-01485-NJB-KWR