Eliza Walker Sep. 17, 2013, 10:17am

NEW ORLEANS – Two subcontractors are suing a general contractor and building owner for allegedly entering into a contract with them to provide work on a commercial residential building, but not paying for additional work performed.

Dan Son Developers LLC and Diamond Scaffold Builders LLC filed suit against American Paint Building LLC, Brown Builders Inc. and Mid Continent Casualty Company in the Orleans Parish Civil District Court on July 24.

The plaintiffs claim that on or about Feb. 17, 2012, plaintiff Dan Son Developers LLC entered into a subcontract with defendant Brown Builders Inc. as the general contractor, to provide materials, labor and equipment for a project known as the Josephine Lofts located at 420 Josephine Street in New Orleans. The Josephine Lofts are owned and developed by defendant American Paint Building. Shortly after entering into the subcontract, the defendants determined that the subcontract did not meet their required specifications, the suit states.

Because there was no project schedule in the original contract, the defendants requested that the plaintiffs perform additional work in order to meet the project specifications. The defendants agreed to perform additional work, and the defendants agreed to pay additional sums for this work. The plaintiffs allege that defendant Brown Builders Inc. misrepresented that it would provide and sign written agreements for their additional work on the project. Based on assurances from Brown Builders Inc., the plaintiffs completed the additional work, and now claim they have completed all work required under their agreements with the defendants.

The plaintiffs state that the defendants are indebted in the amounts of $212,919.11 to Dan Son Developers and $157,197.11 to Diamond Scaffold Builders.

The plaintiffs are represented by Walter W. Christy of Coats Rose of New Orleans.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-06933.

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