Insurer seeks $72,500 claim for alleged property damage caused by subcontractor

NEW ORLEANS – A construction company is being sued after its workers allegedly removed steel beams from a local building causing its collapse.

Alterra America Insurance Company filed suit against Brimmer Construction Services LLC in the Orleans Parish Civil District Court on Sept. 10.

David and Diane Cross, property owners at 120 Mound Avenue, New Orleans, state on April 29, 2013, they entered into a contract with AVN Construction Inc. The contract stipulated AVN Construction would provide the proper equipment and labor to elevate and stabilize the Crosses’ home. AVN specializes in home elevation and shoring and is a certified contractor under the New Orleans Hazard Mitigation Grant Program.

On Aug. 7, 2013, AVN entered into a subcontract with Brimmer Construction Services to execute the final lift of the Crosses’ home. After Brimmer successfully aided in elevating the home, their workers began removing their equipment from the work site on Sept. 12, 2013. However, on this date, Brimmer allegedly incorrectly removed cribbing and steel support beams, resulting in the subsequent collapse of the Crosses’ property.

The defendant is accused of failing to adequately perform the lift of the property, remove elevation equipment from the property, remove lifting equipment in the proper order, supervise the personnel performing the lift, use workmanlike manner and comply with building codes in elevating the property.

Brimmer’s destruction of cribbing and steel beams at 120 Mound Avenue in New Orleans constitutes a breach of contract with AVN by allegedly failing to complete the work agreed in their contract.

Alterra, representing the insurance bearer to AVN, is seeking up to $72,500 in damages for costs to rebuild the Crosses’ home, replacement fees for contents, cleaning costs of the Crosses’ home, loss of use and decline of market value of the Crosses’ home.

The plaintiff is represented by Donald E. McKay Jr. and Ryan M. Casteix of Leake & Andersson LLP.

The case has been assigned to Div. G Judge Robin M. Giarrusso.

Case no. 2014-08908.