An Irvington couple has accused a contractor of defective work and improper billing practices in the development of a customized $2.1 million house.
Cathryn Devons and Robert Pordy accused We Are Carbon Inc. of unjust enrichment, June 17 in Westchester Supreme Court.
But the contractor’s attorney, David Graff, described the lawsuit as “unusually generalized and vague” and “wholly without merit, baseless and frivolous.”
Former caterer Sam Fertik, of Pound Ridge, formed Carbon Custom Builders in 2019 and We are Carbon in 2021. According to a recent story in Bedford and New Canaan Magazine, he strives to build energy efficient, carbon-neutral luxury homes that use thick insulation, for instance, and triple-pane windows that let in lots of natural light.
Devons’ 1.8-acre Irvington property is on Lewis Road next to Halsey Pond and had belonged to her mother, according to county property records.
Devons is an assistant clinical professor at Icahn School of Medicine at Mount Sinai, specializing in geriatrics and palliative medicine. Pordy, who also is a doctor, has worked for pharmaceutical companies, including Regeneron Pharmaceuticals.
In 2021, Devons and Pordy hired We Are Carbon to build a home at a $2,074,633 “guaranteed maximum price,” according to the complaint. Work was supposed to be substantially completed in 11 months but the town did not issue a temporary certificate of occupancy until August 2024, 34 months after construction began.
They allege that significant work still needs to be done, including fixing problems with the HVAC system, electrical system, flooring, carpentry, plumbing, driveway pavement, and structure.
They claim that We Are Carbon failed to sufficiently document project costs, submitted duplicate invoices, and charged for services and materials used on unrelated projects.
The couple charged the contractor with diversion of construction trust funds, conversion of assets, breach of fiduciary duty, breach of contract, and unjust enrichment. They are asking for unspecified monetary damages and for an accounting of project costs.
“We Are Carbon intends to pursue all of it rights,” Graff said, “including investigating potential counterclaims and applications for sanctions, fees and costs. … We Are Carbon looks forward to thoroughly investigating its rights and remedies in the discovery process, and very much looks forward to its day in court.”
