Disaster response company sued over delinquent $2 million invoice seeks change of venue

GALVESTON - A disaster response company sued in response to allegedly failing and refusing to pay almost $2 million for equipment used for Superstorm Sandy work seeks a change of venue.

The Louis Berger Group Inc. submitted a motion to transfer April 11 before the Galveston County 56th District Court, requesting that Judge Lonnie Cox move Garner Environment Services Inc.'s lawsuit to Bexar County.

Garner sued LBG at the beginning of the year in an effort to recoup nearly $1.8 million for generators, accessory cables and locks it provided at the height of the hurricane that swamped coastal New Jersey and surrounding areas in late October 2012.

Both parties had an agreement for Garner to supply equipment to LBG at agreed-upon prices in accordance with the Garner’s rate schedule, the suit states.

It further explains that LBG has failed to promptly remit payment though the complainant held up its part of the agreement.

Garner tried to contact the respondent when the invoices became delinquent, however, no payments have been made toward the debt totaling $1,744,478, the suit says.

Meanwhile, LBG denies the allegations.

Its three-page motion says Garner erroneously identified the location of its principal Texas office as in Galveston County.

LBG conducts its Texas-related business from a permanent office in San Antonio.

Attorney Laird E. Lawrence of Kleiman Lawrence Baskind Fitzgerald LLP in Dallas is representing the defendant.

Case No. 13-CV-137