A new resort hotel in Canandaigua is suing an electronics provider, saying that the stalled installation of video, security and communications infrastructure has prevented the property from opening.
Canandaigua Finger Lakes Resort, LLC, owner of Hotel Canandaigua, Tapestry Collection by Hilton, claims in court papers that Vibe Communications of Victor has breached their contract.
The lawsuit, filed Tuesday in state Supreme Court in Ontario County, alleges damages are in excess of $100,000, and that doesn’t include lost revenue from what appears to be a two-month delay in the hotel’s opening.
The complainant says that just shy of $314,000 was paid to Vibe Communications for the purchase and installation of system-engineered audio, video, data and security equipment.
That included multiple-dwelling unit infrastructure in the 109-room hotel, structured cabling, fiber optic conduit cabling, a high definition internet protocol camera system, hotel and restaurant background music, and ballroom and meeting room audio/visual equipment.
Rough-in cabling work is generally complete, court papers say, but at least $100,000 in work still must be completed.
The lawsuit, filed by Todd Braggins of Ernstrom & Dreste, LLP, says Canandaigua Finger Lakes Resort paid in full the contract price of the work even before the work was completed. This was done “at Vibe’s request.”
Now, however, “Vibe has not completed a substantial portion of the work it contracted to perform and continues to refuse to provide adequate labor and materials necessary to timely complete its work,” the complaint states.
The lawsuit says that by April the work “had become the critical path item for the hotel opening.” Because the work was essential to opening, the complaint says the hotel owner offered the opportunity for Vibe “to recommence its work on the project without legal action being taken against them.”
If Vibe could not resume work, then the hotel owner asked that Vibe repay the amount for the unperformed work ($125,359) so another contractor could be hired.
“Vibe has not responded in any meaningful way to CFLR’s demands,” court papers say. “As a direct, natural and probable consequence of Vibe’s breach of contract, the hotel opening is being delayed from May 12 to June 5. This will result in both additional costs to CFLR, as well as a substantial loss in revenue, all due to Vibe’s breaches.”
Calls to the hotel on Wednesday went directly to a full voicemail, and a representative at Hilton’s national reservation line said no reservations are being accepted before July 5.
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