NEW ORLEANS – Two individuals are suing a construction company claiming it delivered them an "unlivable" home.
Trivaller Green and Bryan Sandifer filed suit against Make it Right-New Orleans LLC, Make it Right Foundation, Make it Right- New Orleans Housing LLC, TKO Maintenance and Construction Inc. and Thomas Darden III on April 9 in Orleans Parish District Court.
The plaintiff claims that in April 2009 Green met with Ajuma Kitwana, a representative of Make it Right Foundation to discuss the building of a house on land that she owed at 1832 Deslonde Street, in the 9th ward, in New Orleans.
Actor Brad Pitt co-founded the Make It Right Foundation in 2006 to help rebuild neighborhoods destroyed in Hurricane Katrina.
Green was said to be promised to receive a quality built, “energy efficient,” sustainable home, and that she would receive assistance in financing. Green was also allegedly promised that her new home would withstand harsh and severe weather.
The plaintiff claims that based on false representation, false assurances, and false promises made by defendants, plaintiffs were convinced to sign paperwork to enter a building contract with the defendants. Green was told that the construction would meet and exceed expectations. On May 20, 2010 the plaintiffs met with Green’s attorney and signed mortgage documents granting a mortgage to Make it Right in the sum of $100,000. During the beginning of 2010 and early 2011, Green began having conversations with Darden about issues she was having with her new home. The defendants promised they would resolve the problems, but the plaintiff claims that they never did. T
On May 1, 2014 the defendants allegedly agreed to pay monthly expenses for Green to move to a new residence because mold was developing, but threatened to discontinue if they sued.
However, the plaintiffs contend the defendants have refused to begin major reconstruction of the home unless the plaintiffs waive certain rights that they are legally entitled to have under law.
The defendants are accused of building a home and using defensive products, canceling Green’s lease for alternate living, utility expenses and pet relocation expenses.
An unspecified amount in damages is sought for mental distress, medical issues, breach of contract and damages suffered as a result of their detrimental reliance on the promises and agreements made by defendants.
The plaintiffs are represented by Catherine Hilton.
The case has been assigned to Division M Judge Paulette R. Irons.
Case no. 2015-3302.