WICHITA FALLS (KFDX/KJTL) — A $1.6 million breach of contract suit alleging owners of a Wichita Falls hotel did not pay for the damage repairs to the hotel from the February 2021 winter storm is delayed until October.
Jury trial in 30th District Court was originally set for next month, with a pretrial set today, March 23, 2023, also canceled. There is also a separate case filed in federal court.
An Amarillo fire and water damage restoration company, Amarillo Steam Team, filed suit against the Amarillo owner of Fairfield Inn and Suites in Wichita Falls, alleging breach of contract.
The company alleges it entered into a contract with Fairfield for water restoration and mitigation service on the property on Central Freeway and did the work from February through May 2021 for just over $1.6 million and that all work in the agreement was completed.
They said the defendant refused to make payment and are asking to be awarded that amount plus attorney fees and interests. Amarillo Steam also filed a lien asking for foreclosure and sale of the property at auction if the bill is not paid.
In its answer to the claim, Fairfield’s attorneys filed a counter-claim asking for proof the company completed all repairs and claims Amarillo Steam breached the contract itself by failing to perform the work properly.
They cite the company ripped out more walls than necessary for mold abatement in rooms and hallways with fireman’s axes, damaged furniture and fixtures, damaged the parking lot, left windows and doors open allowing in rain and animals and trespassers which did more damage, left wiring hanging and failed to complete the work in a timely manner.
The defendant claims Amarillo Steam caused more than $3 million in damage or losses to Fairfield Inn and is asking for a judgment that Amarillo Steam not be granted any payment at all and Fairfield be paid all costs of defending itself.
Motions regarding the lawsuit filed in federal court have counterarguments on which lawsuit should be tried first.