WEST PALM BEACH – A construction company alleges a Tampa water pump supplier delivered non-conforming goods for a water treatment project in Palm Beach County.
Layne Heavy Civil Inc., formerly known as Reynolds Inc., filed a complaint on April 19 in the U.S. District Court for the Southern District of Florida, West Palm Beach Division against Carter & Verplanck Inc., citing alleged breach of contract, breach of express warranty and breach of implied warranty.
According to the complaint, the plaintiff alleges that on April 12, 2010, it entered into multiple contracts with the defendant, whereby the defendant would supply large vertical turbine pumps for the project. It alleges it suffered direct damages and increased costs caused by defendant's non-conforming pumps and related delay. The plaintiff alleges it was also subjected to further potential liability because its client has asserted a claim for damages for approximately $600,000. The plaintiff holds Carter & Verplanck Inc. responsible because the defendant allegedly supplied non-conforming pumps and delayed the completion of the repump stations.
The plaintiff requests a trial by jury and seeks judgment against defendant in an amount to be proven at trial, plus interest, attorneys’ fees, costs and expenses and such other and further relief as the court may deem appropriate. It is represented by Michael A. Holt, Michael S. Cargnel and Richard F. Shearer of Shook, Hardy & Bacon LLP in Miami and Kansas City, Missouri.
U.S. District Court for the Southern District of Florida, West Palm Beach Division Case number 9:16-cv-80609