Elizabeth Fitzsousa Feb. 17, 2014, 4:09pm

NEW ORLEANS – A local subcontractor is suing for breach of contract over construction on the Interstate 10 "High Rise.”

Specialty Demolition LLC filed suit against Command Construction in the Orleans Parish Civil District Court.

Specialty claims it entered into a subcontract with Command on July 6, 2012 to perform construction on the I-10 High Rise Modifications. The plaintiff alleges it was contracted for services including drilling holes for guard rail blocks on the Project to be paid at least $94,290.

Specialty asserts it told Command it would use a special bracket that would be fabricated for the project and began using this special bracket after assurances from Command that Command would assist Specialty in utilizing this bracket by removing any obstructions, like guardrails.

Specialty claims it was proceeding in an efficient manner but was ordered to stop work because Command could not keep pace. When ordered to start work again Command told Specialty it could not use the special bracket and they would not remove guardrails. Specialty agreed to complete the project using a different method. However, Specialty asserts that Command told Specialty to stop work because they could complete the project using this second method themselves at a cheaper price. Specialty claims that Command experienced issues performing the work using this method and were not adequately staffed to complete the project in a timely manner.

Specialty alleges they sent a final bill to Command after the second time they stopped work, but were instead contacted by Command and told they would be in default of their subcontract if they did not return and finish the work Command could not complete in a timely manner.

Specialty states it completed its work on the project but Command refused to pay the entirety of its bill, leaving Specialty still owed at least $47,156.08, the suit claims.

The defendant is accused of violating the Louisiana Prompt Pay Act.

Penalties and attorney’s fees as well as damages are sought for this violation.

Specialty is represented by New Orleans area attorneys Lloyd N. Shields of Shields Mott Lund LLP.

Command answered the suit Jan. 8 asserting that the suit is overly vague and that any alleged damages were caused by fault or negligence of Specialty. Command claims that Specialty failed to perform its work on the project by using a method which required extra work by Command and caused delays on the project. In addition, Command claims that Specialty breached its obligation to carry the required contractor’s license to perform work which caused Command to incur a penalty. Command claims it withheld partial payment to Specialty in the amount of damages and expenses incurred by Command as a result of Specialty’s failure to perform its work in accordance with the Subcontract.

Command requests the claims be dismissed and that they be awarded all losses, damages, penalties, fines, costs expenses and attorney’s fees incurred as a result of Specialty’s breach of contract.

Command is represented by New Orleans area attorney Denis C. Puente of Simon, Peragine, Smith & Redfearn LLP.

The case has been assigned to Division A Judge Tiffany G. Chase.

Case no. 2013-11256.

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