Bed Bath & Beyond is suing its landlords in Texarkana Pavilion over claims they have not maintained common areas as outlined in the original lease agreement.
Bed Bath & Beyond Inc. (BBB) filed a civil action complaint Aug. 3 in the Texarkana Division of the Eastern District of Texas against Texarkana Rancho LLC, Arden Texarkana LLC, Dornoch Texarkana LLC, RP Texarkana LLC, and Narden Texarkana LLC, alleging breach of contract.
The complaint states that on May 13, 2014, BBB provided the defendants, successors-in-interest and current landlords of the Texarkana Pavilion, a written notice stating that "significant portions of the parking lot seem to be caving in," and provided photographic evidence of sinkholes in the parking lot, to which the defendants responded, a few days later, that they were aware of the damage, demolition and reconstruction would be required, and that remediation work would commence in the next two or three months.
After no repairs were made, in phases or otherwise, on Oct. 1, 2014, BBB sent a second notice of default under the lease terms, then requested additional status information on Dec. 18, 2014; Jan. 13, and April 16, according to the complaint.
The defendants finally provided information stating repairs would begin June 1, but the complaint states that no repairs had begun by June 1 or any time since.
BBB seeks the reasonable and necessary construction and repair costs to fix the common areas, estimated to cost more than $75,000, plus attorney fees and court costs.
BBB is represented by Theodore W. Daniel and Tricia W. Macaluso of Norton Rose Fulbright US LLP in Dallas.
Texarkana Division of the Eastern District of Texas case number 5:15-cv-00140-RWS