NEW ORLEANS – A couple is suing a construction company and its owner for alleged misappropriation of funds, fraud, and breach of contract.
Katie and Matt Bellerino filed suit against Estess Contractors and Steven Hunter Estess in the New Orleans Parish Central District Court on Aug. 8.
The Bellerinos claim that on March 13 they entered into a residential construction contract with Estess Contractors LLC in which Estess agreed to build a residence at 6977 Vicksburg St. in New Orleans.
Estess proceeded with the construction of the residence and accepted periodic payments as agreed within the construction contract.
The plaintiffs assert that Estess told them the subcontractors on the project were being paid the correct amounts in a timely fashion, though this was not true. The Bellerinos allege that Estess intentionally misapplied funds, supplied false invoices and vandalized their property.
The plaintiffs claim that the money paid to Estess was directed to other projects not involving the plaintiff's intended residence. Though the couple is unaware of the exact amount of misdirected funds, they estimate that the total could exceed $100,000.
The Bellerinos aver that Estess' alleged violation of their contract should void their agreement.
The defendant is accused of fraud, breach of contract, and misapplication of payments.
The plaintiffs are seeking an unknown amount in damages for all funds advanced to Estess and subsequently misapplied. The Bellerinos also seek to have the contract between themselves and Estess declared null and void.
Katie and Matt Bellerino are represented by Jim S. Hall of Jim S. Hall & Associates LLC.
The case has been assigned to District A Judge Tiffany G. Chase.
Case no. 2014-07786.