Contractor sued over pervasive leaks in newly built home

GRETNA – A construction company is being sued by homeowners claiming they they experienced several leaks.

Margot Palmisano and Lester Palmisano Jr. filed suit against Jim Terrell Construction LLC and Atlantic Casualty Insurance Company in the 24th Judicial District Court on Jan. 6.

The Palmisanos assert that on July 29, 2007, they entered into a contract with Jim Terrell Construction to build a home located at 14 Cycas in Kenner. The plaintiffs claim that when the home reached substantial completion in October 2008 they occupied it, but soon discovered numerous leaks in the roof and walls and water intrusion in their front door, rear balcony roof, master bedroom, master bedroom closet and fireplace as well as other areas of the home.

The Palmisanos claim that on numerous occasions Jim Terrell Construction attempted to repair the leaks and notified them on Sept. 30, 2010, that all of the leaks were taken care of as well as providing a three year warranty on them. However, the Palmisanos allege the repairs were unsatisfactory and the leaks continued resulting in them being repaired on numerous occasions up until Sept. 10, 2103 when Terrell walked off the job and refused to return the premises to complete the repairs.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for costs for property damage and expenses related to bringing in other construction experts to diagnose and fixture continued leaks.

The Palmisanos are represented by Albert J. Nicaud of Metairie-based Nicaud & Sunseri LLC.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 745-614.