NEW ORLEANS – A Louisiana HVAC business has filed a lawsuit against the Federal Aviation Administration, claiming that they partially completed a project in Longview, Texas, before their contract was terminated.
The business owners, who are Black, claim they haven't been paid for work already completed and the contracting officer terminated the contract due to racial discrimination.
FRS Trenchcore, F. Sherman Dupre and Erika Dupre filed the lawsuit in federal court against the Federal Aviation Administration and contracting officer Robert Higgins, citing allegations of unjust enrichment, negligent interference with a business/contractual relationship, negligent/intentional infliction of emotional distress and violation of due process and equal protection.
According to court documents, on July 16, 2021, Trenchcore, which is based in Brusly, entered into a contract with the FAA to make HVAC improvements at a site in Longview. Texas. Trenchore was to furnish all materials and labor to complete the project and would be paid $897,974.00.
The FAA requested a specific piece of equipment which was crucial for the project, but the piece of equipment would take 18 weeks to acquire. The plaintiffs claim they took all reasonable steps to mitigate the delay, including ordering the equipment three months earlier than it would be needed, cutting the delay from 18 weeks to six weeks. However, Mr. Higgins, the FAA CO, allegedly denied their efforts, and on November 18, 2022, he terminated Trenchcore's contract still while owing the company more than $350,000 for its efforts on the contract.
Trenchcore is a Disadvantaged Business Enterprise (DBE) and the Dupres are African-Americans. They allege that Higgins decision to terminate the contract was based on discrimination based on race.
The plaintiffs are seeking a judgment for compensatory damages, court costs, attorney's fees, and any other relief the court deems proper. They are represented in this case by Edmond D. Jordan of the Jordan Law Group in Brusly.
U.S. District Court for the Middle District of Louisiana case number 3:23-cv-01571