Records manager claims remediation company failed to dry documents soaked by hurricane

Kelly Holleran Feb. 3, 2009, 10:41am

The owner of a Texas business has filed suit against a Minnesota corporation and an Alabama man, alleging they did not perform work he paid them to perform.

Bo Weinbaum, who owns Professional Records and Information Management Co., hired Tony McFarland of Dry Air Minnesota to clean water-damaged and wet documents after Hurricane Ike hit PRIMCO on Sept. 13, according to the complaint filed Jan. 25 in Jefferson County District Court.

PRIMCO serves as a business document retention service in Southeast Texas.

About 300 of the company's documents and files were damaged during the storm, and McFarland and Dry Air agreed to a price for a turn key job, the suit states.

Winn Milson, the Alabama man, came to Texas to perform the work and represented that the work was complete on Oct. 16, Weinbaum alleges.

After paying Milson in full, Weinbaum discovered the work was not completed and documents were still wet, according to the complaint.

Weinbaum claims that although Dry Air was contacted about the incomplete work, it has refused to honor its agreement.

Because of the incomplete work, Weinbaum was forced to retain another company to finish the job, he claims.

He incurred out-of-pocket expenses, a loss of use and a cost of replacement, according to the complaint.

Dry Air and its employees engaged in false misleading and deceptive acts or practices in violation of the Texas Deceptive Trade Practices � Consumer Protection Act, according to the complaint.

It also breached a contract to dry various documents and files by failing to fulfill the contract and agreement, the suit states.

Weinbaum is seeking actual damages and additional damages not to exceed four times the amount of his actual damages or $200,000, whichever is greater.

He is also seeking attorney's fees, interest at the legal rate, costs and other relief the court deems just.

He is represented by Thomas Burbank of Beaumont.

The case has been assigned to Judge Gary Sanderson of the 60th District Court.

Case No. B183-115

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