Tim Clark Construction sued over alleged breach of contract in home elevation agreement


NEW ORLEANS – A New Orleans woman is suing a construction company she claims damaged her property.

Erika Mann filed suit against Tim Clark Construction LLC in Orleans Parish Civil District Court on Aug. 22.

Mann claims that on Oct. 19, 2010 she contracted Tim Clark Construction (TCC) to elevate her home located at 3418 Annette Street in New Orleans. The plaintiff asserts that TCC guaranteed it would prepare all paperwork needed to get the necessary funding to cover the total cost of the project. Additionally, TCC allegedly promised that if the funding did not cover the total cost of the project or if she was ruled ineligible, the agreement could be nullified at Mann's request.

Mann alleges that TCC failed to properly elevate her home and damaged her property. On Feb. 19, 2011, TCC allegedly had Mann sign a promissory note which it promised never to enforce. The petition states that TCC remitted the note immediately after Mann signed it.

The defendant is accused of breach of contract.

The plaintiff is seeking declaratory judgments stating that the promissory note was remitted, that the debt was extinguished, and that her agreement with Tim Clark Construction is null and void. The plaintiff is also seeking a trial by jury, and an unknown amount in damages for court costs.

Erika Mann is represented by Carol Welborn Reisman of Liskow & Lewis.

The case has been assigned to District H Pro Tempore Judge Lynn Luker.

Case no. 2014-08358.