Elevator contract at First City building leads to lawsuit against Otis

Kelly Holleran Aug. 9, 2012, 10:00am

A Beaumont business claims the company that it hired to repair its elevators charged it for work that was not performed.

Beaumont Preservation Partners filed a lawsuit July 31 in Jefferson County District Court against Otis Elevator Co.

BPP is the owner and manager of the commercial office building located at 505
Orleans in Beaumont, locally known as The First City Building. The building contains three elevators.

In its complaint, Beaumont Preservation Partners claims it entered into a contract with Otis in 2006 in which Otis agreed to inspect, adjust, repair or replace elevator parts.

However, an independent inspection on Jan. 10, 2010, revealed that Otis had not been providing the requested service or repairs, which had shown up on Beaumont Preservation Partners's invoices, according to the complaint.

"BPP determined that Otis was not providing the services required under the contracts or listed in the invoices BPP was being asked to pay," the suit states. "BPP also determined that Otis was actually cannibalizing BPP equipment for elevator parts, (and then charging BPP for the parts), rather than supplying the parts."

In addition, Otis continues to charge for alleged services it has provided, even though Beaumont Preservation Partners changed the locks on its building last year. Therefore, Otis can no longer enter the building and is charging for services that were not actually rendered, the complaint says.

Beaumont Preservation Partners alleges breach of contract, fraud, misrepresentation and violations of the Deceptive Trade Practice Act against Otis.

In its complaint, Beaumont Preservation Partners seeks actual damages, plus pre- and post-judgment interest, court costs, attorney's fees and other relief the court deems just.

Greg M. Dykeman and Martha R. Campbell of Strong, Pipkin, Bissell and Ledyard in Beaumont will be representing it.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A192-759

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