Contractor sued over allegedly defective roof installation

NEW ORLEANS – A Mandeville contractor allegedly failed to follow design specifications for a roof that later leaked and caused property damage to a local grocery store.

Rajinder Tanwar and Sohana Grocery filed suit against Berthelot Design Construction LLC and their subcontractor Dwayne Lewis in the Orleans Parish Civil District Court on Jan. 11.

The two parties entered into an agreement for Berthelot Design Construction LLC to manage the construction of a grocery store on Chef Menteur Highway pursuant to existing plans and drawings. The suit alleges that the building was constructed with major structural defects due to Berthelot’s failure to follow the plans, diagrams and specifications.

The suit further claims that on numerous occasions Tanwar requested that Berthelot repair the defects but the company was unable or unwilling to do so.

A third party inspector hired by the plaintiff agreed that the building was extremely poorly constructed, recommended the roof be completely removed and a new roof be professionally installed, according to the complaint.

Dwayne Lewis, allegedly a subcontractor of Berthelot, was paid $10,500 in advance to install a walk-in and a kitchen hood, the suit claims. The work was allegedly never performed and Tanwar had to pay a different group of contractors $12,200 to perform the necessary work.

The defendant is accused of breach of contract for the defects in construction and for failing to complete the work.

An unspecified amount of damages is sought for the total cost of repair and replacement of construction defects, repair or replacement of property inside building, to prevent future property damages, lost rental income, all fees to investigate and repair construction defects, for the advanced payments made for work that was never performed and for the cost of the proceedings.

The plaintiff is represented by Michael L. Deshazo of Kinney, Ellinghausen, Richard & Deshazo LLC.

The case has been assigned to Division I Judge Piper D. Griffin.

Case No. 2013-310.