Business plans to sue CDA Diamond Cup LLC

COEUR d'ALENE - A North Idaho business that performed labor and provided fencing material for last summer's Diamond Cup says it wasn't paid and is suing.

Perimeter Security Group LLC filed the lawsuit against CDA Diamond Cup LLC this week in 1st District Court in Kootenai County.

On Aug. 12, Perimeter entered a contract with Diamond Cup to provide labor, materials and services for the installation of fencing for the hydroplane races on Lake Coeur d'Alene, the lawsuit said.

Perimeter said it is still owed $6,405 under the contract, plus accruing interest.

"Because of CDA Diamond Cup LLC's breach of contract, plaintiff has been damaged in an additional amount to be proven at trial," the lawsuit stated.

Perimeter retained law firm Witherspoon-Kelley of Coeur d'Alene and Spokane, and attorney Christopher Varallo threatened legal action in a March 3 letter to Diamond Cup officials.

"Despite demand, CDA Diamond has failed to pay for the services rendered and/or materials supplied as required under the terms of the contract," Varallo's letter said. "Please take further notice that unless the above sums are paid within 15 days, we have been instructed to initiate a lawsuit against you to collect this debt."

A summons filed Monday said Diamond Cup officials must respond in writing to the lawsuit within 20 days or the court may issue a judgment.

Diamond Cup representatives declined immediate comment on the lawsuit Thursday night.