Kaiser Stiffs Equipment Rental Company, Suit Says
HAYWARD, Calif. (CN) – Health industry giant Kaiser has stiffed an equipment rental company for construction equipment rental fees, according to a lawsuit filed in Alameda County Superior Court.
Ahern Rentals, Inc. sued Daniel Lee Harrison, doing business as Harrison Construction, Kaiser Foundation Hospitals, Ameresco, Inc., Orion Carport Systems & Construction, Inc., and the United States Fire Insurance Company for breach of contract, open book account, reasonable value of goods delivered, foreclosure of mechanic’s lien, enforcement of stop notice, and enforcement of payment bond.
Ahern says defendant Harrison subcontracted under defendants Ameresco and Orion to provide defendant Kaiser with a solar array system at its San Leandro Medical Center. The work took place between August 2017 and January 2018.
Harrison established an open book account with Ahern for the rental of forklifts, scissorlifts, boom lifts, a backhoe, a skidsteer and an air compressor for use on the project, according to the action.
The cost of the rentals for the Kaiser project was $42,097, the suit says. At the time Ahern filed a stop payment notice and verified statement and claim in April 2018, “Kaiser was holding or controlling funds from which to pay costs due or to become due to defendants Ameresco, Orion and/or Harrison, in a sum sufficient to discharge the claim of plaintiff and the reasonable costs of litigation,” the suit states.
Ahern seeks compensatory damages, interest and legal costs, in addition to orders establishing the plaintiff’s superiority of claim, and judgment foreclosing the mechanic’s lien by sale of the property.
Ahern is represented by Dan E. Qualls in Riverside, California.