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Olde Tyme Interiors files $88K breach of contract claim against ConstructionSouth

By Max Schramel | Dec 4, 2014

Construction contract agreement1 copy

NEW ORLEANS – A construction company is being accused of failing to compensate a subcontractor for agreed upon repairs such as demolition and installation, allegedly constituting a breach of contract.

Olde Tyme Interiors Inc. filed suit against ConstructionSouth Inc. in the Orleans Parish Civil District Court on Sept. 15.

According the complaint, on May 19, 2011, the Blood Center entered into a private work agreement (“Prime Contract”) with ConstructionSouth Inc. (CSI) to construct a massive project of building renovations. The Blood Center is located on 2609 Canal Sr. in New Orleans with Louisiana Project No. 10500. Documents pertaining to the contract are recorded and located at the Notarial Archives of Orleans Parish, the suit says.

On June 30, 2011, CSI allegedly executed a subcontract agreement with Olde Tyme in the exact amount of $68,812 to supply labor, materials and equipment to mount floorboards and flooring systems according to the project’s specifications. Olde Tyme completed even more work than agreed upon in a timely manner, however, CSI failed to pay for these additional services, leaving a subcontract balance of $6,694.

CSI then continued to order Olde Tyme to perform demolition work on the third floor during building renovations, which added an additional $3,532 to the subcontract balance. These exchanges persisted between the two, such as demolition and installation of sheet vinyl totaling $3,979, marble installation on the fourth and fifth floor hallways amounting to precisely $2,918, and finally the 10 percent retainer promised in the original subcontract, or approximately $6,211.

Olde Tyme contends these additional work services, combined with the original subcontract, come out to $88,422.80 due under CSI. The petitioner asserts these violations constitute a breach of contract through failure to pay in full the subcontract agreement executed by CSI.

The plaintiff is represented by Keith J. Bergeron and Brian Schaps of Deutsch, Kerrigan & Stiles LLP.

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

Case no. 2014-09045.

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