Subcontractor suit over casino project settled in arbitration

By Lizzy Fitzsousa | May 7, 2014

NEW ORLEANS – A local construction firm has settled a $200,000 claim brought against it by a subcontractor over work done on a local casino.

R. J. Daigle & Sons filed a petition to compel arbitration against Durr Heavy Construction LLC in the Orleans Parish Civil District Court on Jan. 31.

RJD claims it subcontracted with Durr on the Pinnacle Casino River Road Relocation Project in December 2010 for $1,245,456. RJD asserts it was to process and install soil cement and asphalt concrete paving on certain area roads. The suit claims Durr was to provide the fill material, but during the project, the fill failed an on-site laboratory test. Durr was to remedy the flaws with the fill, and contact RJD so it could complete the work, the suit claims. However, RJD asserts that Coastal Bridge Co. LLC contracted with Durr and completed the remainder of the processing and installation of soil cement; work under the scope of RJD’s contract. RJD claims it completed the remainder of the work under contract, namely the installation of asphalt.

The lawsuit claimed Durr only paid RJD $1,086,808, leaving an unpaid balance of $158,648. Despite sending letters to Durr about the open account, Durr refused to pay, the suit claims.

RJD claims it filed a demand for arbitration with the American Arbitration Association under the Construction Industry Arbitration Rules and Mediation Procedures, naming Durr and seeking $195,906 for unpaid amounts and other fees and costs.

The suit was dismissed with prejudice on April 16 after all claims were satisfied.

Plaintiff is represented by Jeffrey N. Boudreaux and Stephen C. Hanemann of Kean Miller LLP.

Case is assigned to Division D Judge Lloyd J. Medley.

Case no. 2014-1112.

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