United States District Court, W.D. Louisiana, Monroe Division
L. HAYES, MAG. JUDGE
A. DOUGHTY, UNITED STATES DISTRICT JUDGE
a suit filed by Plaintiff Town of Jonesboro
(“Jonesboro”) against Defendant Pittsburg Tank
and Tower Maintenance Co., Inc. (“Pittsburg
Tank”) alleging that Pittsburg Tank breached a contract
to perform maintenance services (the “Project”)
on a Jonesboro municipal water tank and tower (the
before the Court is Pittsburg Tank's Motion for Summary
Judgment [Doc. No. 32]. Jonesboro has filed an Opposition
[Doc. No. 36], and Pittsburg Tank has filed a Reply [Doc. No.
37]. For the following reasons, the Motion for Summary
Judgment is DENIED.
Tank maintains and refurbishes storage tanks nationwide for
both private and governmental entities. James Bradford
(“Mayor Bradford”) was elected Mayor of Jonesboro
in 2014 and assumed office January 1, 2015. On the day he was
sworn in, he declared that his number one priority was to try
to get the Water Tower repaired. On January 23, 2015, at
Mayor Bradford's request, Pittsburg Tank inspected the
Water Tower and found numerous maintenance issues, both
cosmetic and functional.
April, 2015, Mayor Bradford began consulting with Chris W.
Patrick, P.E. (“Patrick”), an engineer with the
Denmon Engineering firm, regarding the Water Tower
maintenance issues. Mayor Bradford asked Patrick to arrange
for a second opinion on the Water Tower.
6, 2015, Water Tank Services, LLC (“WTS”)
inspected the Water Tower and provided a proposal for $450,
000 worth of work, including the application of an
epoxy/polyurethane exterior coating system. A copy of the
proposal was provided to Patrick. Mayor Bradford ultimately
rejected WTS's bid.
July, Pittsburg Tank sent a list of suggested repairs, along
with a pricing sheet, to Mayor Bradford. A copy was provided
had no money to pay for repairs; however, Mayor Bradford
secured a $100, 000 donation from Jonesboro State Bank to pay
for work on the Water Tower. Using those funds, Mayor
Bradford decided to spend $98, 490 on having Pittsburg Tank
undertake the following item (hereinafter the “Base
Pressure wash the tank exterior with biodegradable detergent
(minimum 3, 500 psi at 3.0 gpm) then remove all loose rust
and scale with wire brushes and hand scrapers in accordance
with SSPC #2 (hand tool cleaning), spot prime and apply one
(1) finish coat of alkyd enamel. This will include replacing
the existing logo.
October, 2015, Jonesboro added the following five (5)
additional items, totaling $97, 485 (hereinafter
“Change Order No. 1”):
(1) Three interior items totaling $82, 700, as follows:
a. Sandblast the interior rusted and abraded surfaces to an
b. Sandblast the remaining surfaces to an SSPC SP7; and c.
Apply NSF approved epoxy to 8-10 mils.
(2) Two exterior items totaling$14, 785 as follows:
a. Adjust the windage rods and riser stay rods as needed; and
b. Replace the existing roof vent with a vacuum-pressure vent