Boh Bros. files breach of contract over price adjustment dispute

By Max Schramel | Mar 26, 2015

NEW ORLEANS – Boh Bros. claims two major construction companies failed to compensate for work completed on a New Orleans road resurfacing project.

Boh Bros. Construction Co., L.L.C. filed suit against RMD Holdings, LTD. and Plus Concrete, Inc. in the Orleans Parish Civil District Court on Jan. 14.

RMD Holdings Ltd. (RMD) and Plus Concrete Inc. (Plus) allegedly reached a subcontract agreement with Boh Bros. Construction Co. on Dec. 21, 2010, to provide labor, equipment, materials, asphalt profiling, milling and other required services. The project primarily involved laying asphalt and paving streets in New Orleans.

Under the agreement, RMD and Plus agreed to pay Boh Bros. for items such as “mobilization,” totaling approximately $635,000, and “superpave asphaltic concrete"  - 35,000 tons at $90 per ton.

The original contract was executed by the Louisiana Department of Transportation and Development (DOTD) between RMD and Plus, which required the defendants to hire the plaintiff for their services.

However, Boh Bros. claims the defendants, RMD and Plus, have been paid by DOTD for work completed by the plaintiff, specifically “asphalt cement adjustments” and “fuel price adjustments.” As such, Boh Bros. contends the defendants have violated their agreement by failing to pay.

The plaintiff is represented by Michael R.C. Riess and John W. Bihm of Kingsmill Riess LLC.

The case has been assigned to Div. L Chief Judge Kern A. Reese.

Case no. 2014-00419.

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