Despite arbitrator's ruling woman still fighting contractor
Patricia Dicorte alleges that contractor David Landrieu was supposed to fix flooding damage to her Lakeview home. Instead, she says he has caused more damage and that she is out about $89,000... Lisa Mitchell of the Better Business Bureau said the arbitrator found in favor of Dicorte. “To the tune of, I believe, $219,000.”...The case went to Judge Yada Magee, the colleague of another cousin of David Landrieu's, Judge Madeline Landrieu. Judge Magee threw out the arbitrator's decision... Dicorte said it's just like every other avenue she has pursued as she tries to resolve her complaints against David Landrieu. “Everything just disappears,” she complained. “I have to think because his last name is Landrieu.”

Despite arbitrator's ruling woman still fighting contractor
Monday, February 25, 2008
Dennis Woltering / WWL-TV News Anchor 
      Patricia Dicorte alleges that contractor David Landrieu was supposed to fix flooding damage to her Lakeview home. Instead, she says he has caused more damage and that she is out about $89,000. 

In an Eyewitness News investigation last May, two investigators with the state contractor’s licensing board went through Dicorte’s home and found numerous problems.
   
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Investigator Carl Borque said the work was poorly done. He and fellow contractor Lloyd Hayden said they found exterior walls that were supposed to be insulated that didn’t have insulation. Areas where termite-infested and rotten wood were to have been replaced, they were covered with sheetrock, hiding the fact that they hadn’t been replaced. 

They found wiring installed without a permit that didn't appear to be up to code. Hayden said that meant an electrician may have to tear out some of the new sheetrock to check all the wiring. 

Some of the sheetrock in the ceiling was cracked and growing mildew because the work inside was done before the roof was fixed. 

Patricia Dicorte said she felt like she'd been violated. And the state investigators said they could understand why. 

“My opinion, it's very shoddy,” said inspector Carl Borque. 

Hayden said the work was a violation of the law.

Landrieu said the job wasn’t finished and that he had done $30,000 of work that Dicorte hadn’t even paid for. He told Eyewitness News that the contract didn’t call for replacing termite-infested wood. 

Landrieu is a member of the well known Landrieu family and Dicorte said Landrieu told her that she couldn’t do anything about her complaints. 

“He told me once, ‘Fight me, you’ll never get anything. Do you know who I am?’” 

“That’s an absolute freaking lie,” said Landrieu. “I’ve never said that to anyone in my life. Nothing, never, ever. I don’t pull that s#$%& with anybody. Look, you’re dealing with a wacko. That’s an out and out lie.” 

Dicorte said her complaints to state boards didn't go anywhere. Finally, she hoped for satisfaction through an arbitrator, a process the Better Business Bureau requires of its members.

Lisa Mitchell of the Better Business Bureau said the arbitrator found in favor of Dicorte. “To the tune of, I believe, $219,000.” 

The arbitrator's decision then moved to Orleans Civil Court, where it had to be turned into a judgment before Dicorte could demand payment. The case went to Judge Yada Magee, the colleague of another cousin of David Landrieu's, Judge Madeline Landrieu. Judge Magee threw out the arbitrator's decision.

“It kind of stuns me because this is an excellent arbitrator who's been trained by the council of Better Business Bureaus,” said Mitchell. 

Judge Magee ruled that refusing to postpone the hearing prejudiced Landrieu's rights. At Landrieu's request the hearing had been postponed once - from June to July. 

The day before the rescheduled hearing Mitchell left him a voice mail message saying the arbitrator had to move the hearing from 10 a.m. to 2 p.m. She said Landrieu called back asking for an extension, to which the arbitrator said no. 

Mitchell said she offered Landrieu the chance to participate by phone, which was declined and she said he also declined to send a representative. In court, Landrieu told the judge he had called a week before the hearing to ask for the extension.

But Mitchell said that isn’t the case. 

The BBB said it had done close to a dozen arbitrations a year for at least 25 years. Mitchell said this was the first decision to ever be thrown out. 

““I'm kind of in disbelief,” said Mitchell. “I don't understand, you know, why that would be so.” 

Tulane law professor Edward Sherman co-wrote the book that law students study about arbitration, mediation and negotiation. He said the order vacating the arbitration decision was weak.

“I must say that Mr. Landrieu played very fast and loose with the Better Business Bureau,” he said. “The BBB is in the business of trying to do these arbitrations and he didn’t pay much attention to their rules.” 

Sherman said Judge Magee found three forms of misconduct in her ruling and that he thinks two of them are not supportable.

He said the judge had no discretion to rule as she did that Landrieu should not be held personally liable. He said BBB rules don’t require, as was ruled, 10 days notice when the time of the hearing was moved back four hours.

He does say that Landrieu’s request for another extension is another question.

“I'm not at all sure how the appellate court ought to come out on this,” he said. “I know at least two of the grounds Judge Magee should not be upheld on. I think the third one could go either way.” 

Lisa Mitchell says the BBB's national legal team reviewed and supported the arbitrator's decision.

When asked if she thought that Landrieu’s family name played a part in the court ruling, Mitchell didn’t want to say. 

“I'm not at liberty to really speculate at that, you know based on the bureau,” she said. “It has crossed my mind. But I'm not really at liberty to state my feelings on that. 

Dicorte said it's just like every other avenue she has pursued as she tries to resolve her complaints against David Landrieu. 

“Everything just disappears,” she complained. “I have to think because his last name is Landrieu.” 

"That's crazy,” responded Landrieu. “That's absolutely incorrect. My cousins, I see them at most once a year."

He said that Patricia Dicorte’s job would be finished if she would just be fair. 

Dicorte is appealing Judge Magee’s ruling. Eyewitness News requested to talk to Magee to get her take on the ruling but she cited the Code of Judicial Conduct, saying that it is forbidden for a judge to discuss a case that is in litigation.

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