Louisiana Record

Wednesday, October 23, 2019

Construction company sued by couple in Lower Garden District

By Leon Roy, IV | Sep 8, 2015

NEW ORLEANS – A New Orleans couple has sued a local construction company claiming breach of contract.

Bobby and Mary Beth Oakes filed the suit against Circa Construction, a New Orleans company in Orleans Parish Civil District Court.

They claim that on April 4, 2011, they entered into a contract with Circa Construction, for work on their residence at 716-718 Seventh Street in the Lower Garden District in New Orleans. The contract purportedly included removal and replacement of portions of foundation, installation of a new chain wall, replacement of rotten sills and termite damage and shoring the entire property to within three inches of level. The contract also allegedly stipulated a five year warranty in favor of the plaintiffs, specifically including the leveling of the property.

The plaintiffs claim Circa began work in May 2011 and completed the project by the end of the same year.

According to the plaintiffs, the property is substantially out of level — more out of level, plaintiffs argue, than before Circa began the project. As a result, the Oakeses claim that they are constrained to using a padlock in order to lock the front door because the locking mechanisms do not align correctly.

Additionally, the plaintiffs argue that there are substantial cracks and other damage to the interior and exterior of the property as a direct result of the defendant’s work.

The plaintiffs further argue that Circa is in breach of warranty because the foundation is in excess of six inches out of level.

The Oakeses argue the defendant is liable for all costs, expenses, losses, and/or damages arising from and/or related to defective performance of the contract.

They are represented by Thomas Beh at Elkins, P.L.C., in New Orleans.

The case has been assigned to Division G Judge Robin M. Giarrusso.

Case No. 2015-06083.

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