St. Charles Avenue property owner allegedly fails to pay invoices, honor terms of agreement

By Chelsea Partington | Aug 18, 2014

NEW ORLEANS – A Louisiana construction company is suing a former client for allegedly failing to pay outstanding invoices for repairs on her St. Charles Avenue property.

Dwayne Broussard Woodwork and Designs LLC filed suit against Barbara Dunlap in the Orleans Parish Civil District Court on June 27.

Broussard claims that Sept. 9, 2012, Dunlap was in need of emergency repairs in order to preserve her property at 2715 St. Charles Avenue and make it livable. According to Broussard, Dunlap advised that she did not have the funds necessary to cover the quoted contract costs of the repairs necessary.

Instead, Dunlap allegedly proposed that if Broussard would only charge the actual net costs of the repairs without the usual mark-up for profit, insurance, and other overhead expenses, she would hire Broussard for future construction and repairs on other projects she would begin after restoring the St. Charles Avenue structure.

The petition states that Broussard accepted Dunlap's proposal and began the project. Broussard allegedly provided invoices and billed on an open account basis from September 2012 through June 27, 2013. Broussard asserts that Dunlap was paying the invoices, though irregularly, until April 2013.

The construction company avers that Dunlap omitted that she was selling the St. Charles property on June 27, 2013, and that Dunlap misrepresented the potential amount of materials and labor necessary for repairs to the building when negotiating the terms of the project.

Dunlap refused to pay the outstanding invoices or honor her commitment to provide other work projects for Broussard, says the suit. Consequently, Broussard revised its invoices to reflect the full costs of the contractor's standard billing rates. Broussard claims that amicable demand for Dunlap to pay the resulting sum, $49,721.39, has been refused.

The defendant is accused of breach of contract.

The plaintiff seeks $49,721.39 in damages for outstanding invoices, including materials, labor, overhead costs, insurance, and the company's usual profit mark-up, together with legal interest and all court costs.

Dwayne Broussard Woodwork and Designs LLC is represented by attorney Anthony L. Marinaro.

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

Case no. 2014-06375.

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