NEW ORLEANS – A subcontractor is suing the contractor on a Dillard University construction project for breach of contract claiming it was not paid for services.
The Ellis Company LLC filed suit against Gibbs Construction LLC and Western Surety Company in the Orleans Parish Civil District Court on Sept. 26, 2014.
On Aug. 9, 2012, Dillard reached a contractual agreement with Gibbs in which Gibbs served as the main contractor for a project entitled “Renovation of Camphor and Hartzell Residence Halls at Dillard University” in New Orleans, the suit says. On Aug. 22, 2012, Ellis entered into a subcontract with Gibbs to supply specified labor, roofing, waterproofing, masonry and other services required for the project.
Through the agreement Gibbs allegedly promised to pay Ellis for services on the project. Furthermore, Gibbs changed the scale of work for Ellis to perform on the project, in which Gibbs purportedly agreed to pay Ellis an additional fee on top of the original work sum. However, Ellis allegedly has failed to receive any compensation from Gibbs.
Ellis states it has submitted numerous invoices demanding Gibbs pay the amount in full of $270,316.34 for supplied services. In addition, Ellis alleges Gibbs has profited off the work completed in the project, purportedly failing to yield any of the project’s revenue to the plaintiff. Thus, Gibbs is allegedly in direct violation of its subcontract agreement with Ellis, liable to pay in full the services provided by Ellis including masonry, waterproofing, and roofing.
The petitioner is represented by Edward J. Laperouse II, John S. Campbell III, Kari A. Bergeron and Ryan K. French of Taylor, Porter, Brooks & Phillips LLP.
The case has been assigned to Div. G Judge Robin M. Giarrusso.
Case no. 2014-09446.