Couple whose home had to be demolished after botched elevation sue

GRETNA – A Jefferson Parish couple is suing a local contracting and elevation company for the alleged complete destruction of their home during a home elevation.

Darrell and Deborah Kelly filed suit against Ted Ferlein Barrera, Charles Walker, Shadday Construction and Elevation Inc., the Cumberland Investment Group LLC and Allstate Indemnity Insurance in the 24th Judicial District Court on Feb. 7.

The Kellys claim they contracted with Shadday Construction and Elevation Inc. and Barrera and Walker to elevate their home under the state of Louisiana’s Hazard Mitigation Program. The plaintiffs allege the defendants misrepresented their experience in elevating homes, particularly in claiming to have prior experience in lifting stucco homes, after the plaintiffs later found out that Shadday had only added the word elevation to their company name the year prior and that their main owners had merely been general contractors specializing in kitchen renovations in their previous company.

The Kellys assert that when their home was lifted by Shadday the foundation broke and cracks formed in the walls, ceilings, and roof and the frame collapsed. The plaintiffs claim that if the defendants had the proper experience necessary to elevate homes they would have stopped the elevation at the first sign of damage to the home.

The plaintiffs allege that Barrera vowed to restore their house following the damage, but never followed through and the home was demolished by city council order on Jan. 14, 2013. The Kellys assert they contacted their homeowners insurance policy provider, Allstate Insurance, which denied their claim causing them to include Allstate in the lawsuit as well.

The defendant is accused of failing to perform to the terms of the contract and engaging in a scheme to conceal their inability to perform their contract.

An unspecified amount in damages is sought for loss of their home as well as all property within it, full compensatory damages and attorney’s fees.

The Kellys are represented by attorney Ted M. Mitchell of Metairie.

The case has been assigned to Division E Judge John J. Molaison Jr.

Case no. 723-667.