Suit alleges disaster recovery service owes $160K for Ike cleanup

John Suayan, Galveston Bureau Mar. 7, 2011, 6:00am

GALVESTON – Cotton Commercial USA Inc. is suing Cahaba Disaster Recovery LLC, claiming the defendant failed to pay for post-Hurricane Ike cleanup services.

Cahaba allegedly owes the plaintiff – formerly known as Cottonwood Debris Co. LLC – approximately $160,000 accumulated from the removal of wreckage in Galveston after the Category 2 storm's landfall in September 2008, a lawsuit filed Feb. 22 in Galveston County District Court says.

The defendant and Cotton entered into a subcontract following the storm. The plaintiff performed under the agreement until April 2009, charging Cahaba for the amount of debris removed and transported, the suit states.

According to the original petition, the defendant paid the invoices but withheld 10 percent of the payment as well as underpaid Cotton for pushing sand.

"For almost two years, Cottonwood has not been paid the withheld retainage and the difference in the invoices for pushing sand," the suit says.

In addition to the money in question, a jury trial is requested.

Kane Russell Coleman & Logan PC is representing the plaintiff, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 11-cv-0322

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