Contractor claims homeowners trying to force him to do more work

Andrea Dearden Sep. 1, 2010, 2:28am

An Orleans Parish contractor is accusing homeowners of trying to force him into doing more work without more pay.

David D. Carimi, owner of Carimi Construction and Development LLC, filed a lawsuit against Scott Sullivan and Margaret Herster Aug. 26 in Orleans Parish District Court.

Carimi claims he had a written agreement with Sullivan and Herster to remodel a home on Clouet Street in New Orleans. In order to meet the financial deadlines for a commercial loan, Carimi says he agreed to a written contract dated December 2009. However, Carimi states the homeowners knew the original contract was subject to change since the remodeling plans and scope of work had not yet been finalized.

The lawsuit states the final contract, outlining what work was to be done by the contractor and at what price, was agreed upon by all parties in April 2010.

Carimi says, in July, Sullivan and Herster told him they would not pay for any work completed or ongoing unless he agreed to a contract addendum which increased the amount of work he would be obligated to complete. Carimi also says the proposed addendum included no additional payments to be made to his company. Carimi says all of the additional materials and labor costs would be at his expense.

Carimi alleges Sullivan and Herster intentionally acted in bad faith and used threats to try to force him to agree to a new contract.

Carimi is seeking damages of $100,000 to compensate for work done and not paid for along, a loss of earning and profit, damage to his company's reputation along with attorney fees.

Attorney Darryl J. Carimi of Covington is representing Carimi.

Orleans Parish District Court Case No. 10-8911

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