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LOUISIANA RECORD

Thursday, March 28, 2024

Subcontractor asks court to amend its bill to reflect added expenses

Easterndistrictlouisiana

NEW ORLEANS -- A subcontracting electrical company is suing a contractor over a new hurricane protection project for added expenses allegedly due to excessive delays. 

Fisk Electric Co. filed a complaint on June 25 in the U.S. District Court for the Eastern District of Louisiana against DQSI LLC and Western Surety Co. 

According to the lawsuit, this complaint attempts to "rescind a release on the basis of fraud for damages owed for breach of contract." 

DQSI was the chief contractor of an Army Corps of Engineers project called the USACE Hurricane Protection Office that was storm proofing at five pumping stations, two in Elmwood and three in Cousins.

On July 23, 2010, Western Surety Co. issued a bond for the completion of the project. The plaintiff contracted on July 28, 2010, with DQSI to do the electrical work on the project. 

Due to several delays Fisk incurred "additional expenses that were not contemplated in its original bid," according to the suit. 

The plaintiff seeks payment for the additional expenses of $188,211.39, plus court costs, attorneys' fees and an additional $221,691.65 for increased supervision costs -- all totaling $409,903.04.

The plaintiff is represented by Thomas C. Cowan of Cowan and Lemmon LLP in New Orleans. 

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-02315.

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