PENNSYLVANIA RECORD

A southern California-based wireless communications company has filed a lawsuit in a

Pennsylvania court against a construction company and others, accusing the defendants of refusing to return expensive equipment to the plaintiff that was never properly installed as per the terms of a contract between the various parties.

San Diego-based NeXXCom Wireless LLC claims in its civil action, filed Aug. 13 at the Philadelphia Court of Common Pleas by attorneys Walter Weir, Jr. and Patrick T. Krenicky, of Weir & Partners, that SiteXpedite LLC, a company incorporated in Delaware with headquarters in Wisconsin, failed to make good on its agreement to install telecommunications equipment on behalf of the plaintiff for the plaintiff’s customers.

From March through June of this year, the suit states, the plaintiff delivered the equipment, which is worth approximately $150,000, to SiteXpedite, which was to install the fixed broadband wireless transmission equipment used to build high performance wireless infrastructure.

In particular, the lawsuit states, the equipment includes a radio outdoor unit, an antenna, and mounts that bind the unit and antenna to a mast or tower.

A contract dispute over the quality of work performed by SiteXpedite soon ensued, and resulted in the relationship between the two parties coming to an end, according to the complaint.

The plaintiff then demanded that SiteXpedite return the expensive equipment, but instead the defendant moved the equipment to a warehouse in Philadelphia, the complaint alleges, where it remains to this day.

“Plaintiff believes, and therefore avers, that Defendant SiteXpedite enlisted the assistance of the other defendants in storing the Equipment which is now in the custody and control of the Defendants,” the lawsuit states.

Those named as additional defendants in the lawsuit are John McDade, who is identified as the president of SiteXpedite; Philadelphia-based WIN Construction Inc.; Stephen Leahan, a principal with WIN; Philadelphia-based Revzilla Motorsports LLC; and Anthony Bucci, who is listed as the owner of Revzilla Motorsports.

The plaintiff claims in his lawsuit that Revzilla has actual possession of the equipment.

“Despite Plaintiff’s demand, Defendants have refused to return possession of the equipment to Plaintiff,” the suit states.

The complaint accuses the defendants of conversion, and says their acts were willful, wanton and intentional, a threshold in Pennsylvania required to justify the imposition of punitive damages.

NeXXCom Wireless seeks the return of the disputed equipment and/or in the alternative, damages in excess of $50,000, plus punitive damages, interest, costs and attorney’s fees.

The lawsuit was filed with Philadelphia Common Pleas Courts’ Commerce Program.

 

The case ID number is 120801159.