WICHITA FALLS (KFDX/KJTL) — A $1.6 million breach of contract suit against a Wichita Falls hotel has been dropped, with all claims and counterclaims filed by the plaintiff and defendant dismissed.
The parties notified 30th District Judge Jeff McKnight last week that an agreement had been reached to drop claims, and McKnight signed the dismissal document on Tuesday, October 10, 2023. A trial had been set for October 30.
The suit filed by Amarillo fire and water damage restoration company Amarillo Steam Team alleged the owners of Fairfield Inn and Suites did not pay for restoration work on the hotel from the February 2021 winter storm.
The company alleged 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 asked to be awarded that amount plus attorney fees and interest. Amarillo Steam also filed a lien asking for foreclosure and sale of the property at auction if the bill was not paid.
In its answer to the claim, Fairfield’s attorneys filed a counter-claim asking for proof the company completed all repairs and alleged Amarillo Steam breached the contract itself by failing to perform the work properly.
They claimed 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, and left windows and doors open, allowing in rain, animals and trespassers, which did more damage, left wiring hanging and failed to complete the work in a timely manner. Their counterclaim asked for more than $3 million in damage or losses to Fairfield Inn.
Under the nonsuit agreement, each side will pay all legal costs they incurred in the suit and countersuit, and both sides are barred from refiling a suit related to the same claims.