Company seeks more than $270,000 for food service equipment

Kelly Holleran Aug. 9, 2012, 10:28am

A food service equipment company claims it has not been paid more than $250,000 for work it performed on three Jefferson County schools.

Kirby Restaurant Equipment filed a lawsuit July 30 in Jefferson County District Court against Allco, GP Individual Contractors, Travelers Casualty and Surety Company of America, T.W. Harrison and Roosevelt Petry Jr.

In its complaint, Kirby claims it agreed to perform work at South Park Middle School, Dunbar Elementary School, French Elementary School and Fehl Elementary School. In its agreement, Kirby promised Allco that it would install food service equipment at three of the schools. It contracted with defendant GP for work at Fehl Elementary, according to the complaint.

Although Kirby performed the requested work, it has not been fully compensated for it, the suit states.

"There is due and owing Kirby the sum of $272,333.57," the complaint says.

In addition to Allco and GP, who were responsible for paying Kirby, the plaintiff names Travelers as a defendant, saying it failed to honor its payment bond obligations.

Kirby seeks the money it says it is owed, plus interest, exemplary damages, attorney's fees and other relief the court deems just.

Stephen Johnson of San Antonio will be representing her.

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

Case No. B192-751

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