NEW ORLEANS – An operator of a New Orleans hotel claims improper work done by a HVAC company has damaged the building due to water moisture.
Cotton Exchange Investment Properties LLC filed a complaint on Dec. 12 in the U.S. District Court for the Eastern District of Louisiana against Xcel Air Conditioning Services Inc. and Does 1 to 300 alleging breach of contract and negligence.
According to the complaint, the plaintiff alleges that on Jan. 30, 2014, Xcel entered into an agreement with Supreme Bright, the former owner of the Cotton Exchange Building, for an HVAC system full maintenance program. The plaintiff holds Xcel Air Conditioning Services Inc. and Does 1 to 300 responsible because the defendants allegedly failed to properly perform work pursuant to the contract and failed to indemnify plaintiff for the damage caused by its allegedly deficient work. As a result of defendant's breach, plaintiff alleges it has incurred and will continue to incur significant costs to investigate and repair the damages to its hotel.
The plaintiff requests a trial by jury and seeks judgment against defendants for damages, attorneys’ fees, costs and interest and for such further relief as the court deems just and proper. It is represented by Kathryn M. Knight and Michael R. Schneider of Stone Pigman Walther Wittmann LLC in New Orleans and Melissa C. Lesmes, Jeffrey R. Gans and Eric M. Gold of Pillsbury Winthrop Shaw Pittman LLP in Washington, D.C.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-17543