Construction company sued for more than $2 million on breach of contract claims

Catherine Melancon Nov. 27, 2012, 4:00am

Preston L. Hayes

BATON ROUGE – A St. Tammany Parish construction company is suing a Baton Rouge construction company and domestic partnership for alleged breach of contract.

Kostmayer Construction, LLC filed suit against Manhattan Construction Company and PNK (Baton Rouge) Partnership in the 19th Judicial Court on Nov. 8.

Kostmayer Construction claims it entered into an agreement with Manhattan Construction Company in August 2010 to provide labor and materials to install pipe piles and temporary and permanent mooring of the casino barges at Pinnacle Entertainment Baton Rouge Hotel and Casino Resort. PNK (Baton Rouge) is the owner of the property located at 14777 River Road in Baton Rouge where the project took place.

The plaintiff asserts that all work is finished and has been accepted by both Manhattan and PNK (Baton Rouge) Partnership. Manhattan allegedly owes Kostmayer $2,335,482, plus interest and costs under the agreement between the parties.

Kostmayer filed a lien affidavit with the East Baton Rouge Clerk of Court and Recorder's office on Sept. 10.

The defendant is accused of breach of contract and unjust enrichment.

An unspecified amount in damages is sought for amounts due, lost profits, costs and interest until paid.

Kostmayer Construction Company is represented by Preston L. Hayes of Chehardy, Sherman, Elliz, Murray, Recile, Griffith, Stakelum and Hayes, LLP in Metairie.

The case has been assigned to Division A Judge Todd Hernandez.

Case no. 616862.

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