HVAC company claims it has not been allowed to perform repair work on cell towers

Kelly Holleran Sep. 2, 2013, 5:53pm

An air conditioner company has filed suit against Valrico Ventures, alleging Valrico is not allowing it to perform repair work on sites where it has a contractual obligation to fix facilities.

Rutty & Morris LLC alleges it contracted with Valrico to perform heating, ventilation and air conditioning work on cell towers owned by Verizon Wireless. 

However, Rutty & Morris claim it has not been allowed on certain sites because Valrico is not honoring the terms of the contract, according to the complaint filed Aug. 22 in Jefferson County District Court.

Due to its inability to perform the contracted work, Rutty & Morris has suffered economic damages, the suit states.

“The defendant made public representations of material fact concerning the type and amount of work that would be required of plaintiff, Rutty and Morris,” the complaint says. “These representations were not true. Plaintiff justifiably relied on defendant’s representations in hiring personnel, purchasing equipment and vehicles.”

Rutty & Morris alleges negligent misrepresentation, fraud, common law fraud, breach of contract and tortious interference with existing contract against Valrico.

In its complaint, Rutty & Morris is seeking actual and exemplary damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Dan Ducote Jr. of Moore Landrey in Beaumont will be representing it.

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

Case No. B194-656

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