Chelsea Partington Nov. 17, 2014, 5:40pm


NEW ORLEANS – A Georgia corporation and its insurer are being sued by two Louisiana construction companies for allegedly failing to pay invoices amounting to $32,030 for work done on the Audubon Nature Institute's Splash Pad project at Woldenberg Riverfront Park.

Vinco Ironworks Inc. and W. Tallon Enterprises Inc. filed suit against Courseault Commercial Inc. and Fidelity and Deposit Company of Maryland in the Orleans Parish Civil District Court.

The plaintiffs allege that The Audubon Commission with the Audubon Nature Institute engaged in a construction contract with Courseault for a project located at 1 Canal St. in New Orleans to make improvements to the landscape and build a splash pad.

According to the petition, Fidelity issued a statutory payment bond for the project that obligated Fidelity to pay subcontractors for the work performed if Courseault failed to pay.

Vinco and Tallon claim that Courseault entered into written subcontracts and purchase orders with them for certain aspects of the work on the project. The plaintiffs aver that Courseault later asked that they perform additional work not outlined in the written agreements.

The plaintiffs say that they performed the services required by the terms and conditions of their agreements with Courseault in a professional and competent manner.

Courseault was invoiced for the work performed by the plaintiffs, says the suit. Vinco and Tallon say that only partial payments were made for the work despite amicable demand.

Because of the allegedly unpaid invoices, Vinco and Tallon allegedly filed Statements of Claim and Privilege with the Recorder of Mortgages for the Parish of Orleans on Feb. 26. The claims were allegedly for $62,229.75 and $53,637, respectively.

On March 5 Vinco and Tallon allegedly sent notices of their claims with a demand for payment and copies of their statements to Courseault, The Audubon Institute and Fidelity.

After filing their liens, the plaintiffs claim to have performed additional work for the project and sent additional invoices to Courseault.

Tallon avers that they received partial payments after filing a lien, but that the principal amount yet to be paid remains $32,030.

The plaintiff claims that Courseault is in violation of Louisiana's Late Payment by Contractor's Statue and Louisiana's Open Account statute, and that Fidelity is liable to the plaintiffs for the full principal amount due, plus interest, attorney fees and costs.

The defendant is accused of breach of contract.

The plaintiffs are seeking an unknown amount in damages for all amounts due and owing, plus all penalties, attorney's fees, interest and costs.

Vinco Ironworks Inc. and W. Tallon Enterprises are represented by attorney Wayne J. Jablonowski.

The case has been assigned to District F Judge Christopher J. Bruno.

Case no. 2014-08594.

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