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How do I proceed to get paid for tools ?

My company worked on Hard Rock hotel before the collapse. We still have 5k in tools in the building. We were told by our customer to reach out to the property developers Kailas inc and we received no response to our emails. What can we do at this point to either retrieve tools or be paid for their value. We were paid for labor performed just not tools. We worked under Citadel as the GC but they told us contact the developer.

1 reply

Mar 24, 2020

As I'm sure you know all too well - there's a long list of contractors, subs, suppliers, equipment rental companies, etc. who still need to be made whole. While it may be possible to secure payment for services performed through lien claims and payment bond claims, those types of claims likely wouldn't be appropriate for tools lost as a result of the hotel collapse. However, that doesn't mean that other types of claims won't work.

How to recover the value of tools lost due to the Hardrock Hotel collapse

First, before proceeding with claims, it's probably worth checking with your insurer to see if your tools may have been covered by your business insurance. Reaching out to your broker should help to determine if that's an option. And, having an attorney review your insurance policy might ensure that everything's being done above board by the insurer. Legal claims should also be available. Proceeding with a legal claim for the value of tools lost resulting from the collapse should be an option - and actions like conversion, negligence, or even breach of contract could potentially be on the table. Though, for sorting out which claim might make the most sense in your particular situation, it'd probably be worth hiring a local Louisiana construction attorney to have them review your contract and specific circumstances, then advise on how to move forward with a claim. What's more, it looks like the Louisiana limit for small claims court is $5,000. So, proceeding with claims in small claims court might be an option for avoiding legal fees and the extended timeframes often associated with legal claims.

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