NEW ORLEANS – The Audubon Commission is alleged to owe more than $200,000 to a financial institution.
Fidelity and Deposit Co. of Maryland filed a complaint on Feb. 3 in the U.S. District Court for the Eastern District of Louisiana against Audubon Commission alleging breach of contract.
According to the complaint, the plaintiff alleges that on Nov. 12, 2014, the parties entered into a takeover agreement in which defendant agreed to pay to plaintiff the contract balance of $457,515.22. To date, plaintiff alleges it has not received full payment for the completed project totaling at least $208,108. The plaintiff holds Audubon Commission responsible because the defendant allegedly wrongfully refused to approve payment application or to remit final payment to plaintiff and is presently withholding at least $325,023 in contract funds.
The plaintiff requests a trial by jury and seeks judgment against defendant for actual damages in the amount of at least $208,108, attorney’s fees, cost and interest and all other equitable relief as the court may deem just and proper. It is represented by Elliot Scharfenberg and David J. Krebs of Krebs Farley PLLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-00964