FILED
TARRANT COUNTY
5/30/2014 1:58:50 PM
THOMAS A. WILDER
DISTRICT CLERK
236-272340-14
Cause No. _____________
Synergy Environmental Services, LLC
a Texas limited liability company
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In the District Court of
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Plaintiff,
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Tarrant County, Texas
vs.
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Prime Preparatory Academy,
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a Texas non-profit corporation
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_____ Judicial District
Defendants.
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Plaintiff’s Original Petition
Synergy Environmental Services, LLC, a Texas limited liability company
(“Synergy” or “Plaintiff”) complains of Prime Preparatory Academy, a Texas non-profit
corporation (“Prime Prep” or “Defendant”).
Discovery Plan
1. This is a level 2 case for purposes of a Discovery Control Plan.
Parties
2. Plaintiff is a limited liability company, duly formed and existing under the laws
of the State of Texas, and having its principal place of business in Tarrant County,
Texas.
3. Prime Prep is a Texas non-profit corporation and may be served with process
by serving its registered agent, Chazma D. Jones, at 4400 Panola Avenue, Fort Worth,
Tarrant County, Texas 76103.
Plaintiff’s Original Petition – Sworn Account
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Jurisdiction and Venue
4. Venue is proper in Tarrant County, Texas, because the open account or
contract made the basis of this lawsuit was entered into, performable, and payable in
Tarrant County, Texas, and the services were performed in Tarrant County, Texas. In
addition, all or a substantial part of the events or omissions giving rise to the claims in
this Petition occurred in Tarrant County, Texas.
5. The Court has jurisdiction over the parties and the subject matter of this
controversy, as the Defendant is a Texas resident, or an entity formed and operating in
Texas pursuant to the Texas Business Organizations Code, and the damages sought
are within the jurisdictional limits of the Court.
Facts
6. Plaintiff operates a HVAC repair, installation, and maintenance company.
7. Defendant asked Plaintiff to prepare a quote to install air conditioning and
HVAC improvements to its school campus at 4400 Panola Avenue in Fort Worth in July,
2013. Plaintiff prepared a $15,328.00 quote for service for the requested work and
forwarded this service quote to Defendant’s representative for approval. Defendant
approved the service quote and authorized Plaintiff to proceed with the work. Plaintiff
installed the air conditioning and HVAC improvements as agreed and in accordance
with the written service quote. Defendant then requested that Plaintiff perform
additional work, all of which was performed as agreed, and approved by Defendant’s
representatives. Defendant repeatedly assured Plaintiff that Plaintiff’s invoices would
be paid, but failed to pay the invoices on time. Plaintiff was told that all invoices would
be paid in full on November 29, 2013. Defendant failed to pay Plaintiff on that date,
and made a partial payment of $7,664.00 in December 2013, leaving an outstanding
balance owed to Plaintiff of $9,037.57.
Plaintiff’s Original Petition – Sworn Account
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8. Plaintiff’s action is founded upon an open account or other claim for goods
and services, and is a claim for a liquidated money demand based upon business
dealings between the parties, as well as for labor done and materials furnished, on
which a systematic record has been kept by Plaintiff.
9. At Defendant’s request, Plaintiff installed HVAC parts and equipment on
HVAC units at Defendant’s Fort Worth campus. Defendant failed to pay the agreed
charges.
First Cause of Action
Suit on Sworn Account
10. Defendant requested Plaintiff to install HVAC parts and equipment
(collectively “HVAC Services”) on Defendant’s Fort Worth campus on an open account.
Defendant approved and accepted the HVAC Services and became bound to pay
Plaintiff for the HVAC Services, which were priced according to the parties’ agreement,
and were the usual, customary, and standard charges for the HVAC Services.
11. Plaintiff attaches as Exhibit “A”: [A-1] a detailed description of the parties’
open account (the “Account”), and [A-2] an accompanying affidavit. Exhibit “A”,
including both subparts A-1 and A-2, is incorporated into this Petition for all purposes by
reference.
12. The Account consists of invoices and communications that accurately set
forth the HVAC Services Plaintiff provided to Defendant, the dates of the performance
or delivery of the HVAC Services, the amounts billed Defendant for the HVAC Services,
and the Defendant’s agreement to pay for the HVAC Services.
13. The Account represents a record of the transactions involving the HVAC
Services, and is the same or similar to records Plaintiff systematically keeps in the
Plaintiff’s Original Petition – Sworn Account
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ordinary course of business.
14. The Plaintiff’s claim is just and true, it is due, and all just and lawful offsets,
payments, and credits have been allowed.
15. The principal balance due on the Account is $9,037.57.
16. On March 17, 2014, Plaintiff made demand upon Defendant for payment of
the HVAC Services. Defendant has failed and refused, and still refuses, to pay them. A
copy of Plaintiff’s written demand upon Defendant is attached as Exhibit “B,” which is
incorporated into this Petition for all purposes by reference.
Second Cause of Action
Breach of Contract
17. Plaintiff incorporates its factual allegations contained in this Petition.
18. Alternately, Defendant breached Defendant’s contract with Plaintiff.
Defendant’s contract breach proximately caused Plaintiff’s damages.
Third Cause of Action
Quantum Meruit
19. Plaintiff incorporates its factual allegations contained in this Petition.
20. Alternately, Plaintiff performed or delivered the HVAC Services to
Defendant, which were accepted by Defendant. Defendant accepted the HVAC
Services without compensating Plaintiff. Defendant accepted the HVAC Services, and
knew, or under the circumstances reasonably should have known, that Plaintiff
expected payment from Defendant for the HVAC Services. The HVAC Services were
reasonably worth the sum of $9,037.57 at the time they were furnished. Defendant’s
Plaintiff’s Original Petition – Sworn Account
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conduct proximately caused Plaintiff’s damages.
Conditions Precedent
21. All conditions precedent to Plaintiff’s claims against the Defendant have
occurred, been performed, satisfied, or otherwise fulfilled.
Attorney’s Fees
22. Under Texas law Plaintiff is entitled to recover its reasonable and necessary
attorney fees in its prosecution of this case. Plaintiff retained counsel, who has presented
Plaintiff’s demand to Defendant. Defendant has not tendered the amount owed within 30
days of when the claim was presented. Plaintiff submits to the Court that the following
amounts of attorney’s fees represent reasonable payment for performance of the following
services:
(a) The sum of $1,750.00 for the preparation and presentment of this
Petition; and
(b) The additional sum of $7,500.00 for the conduct of discovery in this
case, including the taking of depositions; and
(c) The additional sum of $2,500.00 for the cost of attending mediation or
similar ADR proceedings; and
(d) The additional sum of $10,000.00 for handling a bench trial of this
case; and
(e) The additional sum of $15,000.00 for handling a jury trial of this case;
and
(f) The additional sum of $15,000.00 for appellate work in the event of an
appeal to the appropriate court of appeals after judgment; and
(g) The additional sum of $15,000.00 for appellate work in the event of a
further appeal to the Texas Supreme Court.
Plaintiff’s Original Petition – Sworn Account
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Exhibit “A-1” to Petition
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Exhibit “B” to Petition
Plaintiff’s Original Petition – Sworn Account
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