Gloria Parker Jun. 16, 2015, 3:09pm


NEW ORLEANS – A construction company is suing the Port of New Orleans claiming breach contract for allegedly failing to pay for a change order on a project.

Hamp’s Construction LLC filed suit against Port of New Orleans, United States Health and Environmental Liability Management LLC, United Sates Risk Management LLC and MBM Design Group Inc. on April 13 in the Orleans Parish District Court.

Hamp’s Construction claims that on Feb. 25, 2014 the Port awarded a contract to remove and dispose of above and below ground structures. The plaintiff asserts the contract stated that soil removal was not included in the contract. Hamp’s Construction alleges the contract prohibited it from completing work until U.S. Risk, serving as the Port’s representative on the project, tested soil in the area.

In June 2014, the plaintiff contends that while on the job it identified concrete structures that were embedded with soil, which it did not remove due to the restrictions in the contract. The plaintiff contends it requested U.S. Risk test the soils, which it declined to do. Furthermore, during the time that it took U.S. Risk to respond, Hamp’s Construction claims rain water filled the pits with water necessitating further work. The Port of New Orleans allegedly issued an order to Hamp’s Construction demanding it pump the water. The plaintiff contends it agreed to perform the work as a change order and that under the contract further payment was required for the work. Hamp’s Construction alleges it performed the defendant’s demand and charged for a change order, which the defendant has declined to pay.

The defendant is accused of breach contract.

Damages in the amount $284,593.26 for performing additional work in compliance with the defendant’s direction, and $26,494 in unpaid contract funds are sought by the plaintiff.

The plaintiff is represented by Jeffrey K. Prattini of Shields Mott LLP.

The case has been assigned to Division G Judge Robin M. Giarrusso.

Case no. 2015-3457.

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