All Seasons Const. v. City of Shreveport

742 So. 2d 626, 1999 WL 624159
CourtLouisiana Court of Appeal
DecidedAugust 18, 1999
Docket32,190-CA
StatusPublished
Cited by4 cases

This text of 742 So. 2d 626 (All Seasons Const. v. City of Shreveport) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
All Seasons Const. v. City of Shreveport, 742 So. 2d 626, 1999 WL 624159 (La. Ct. App. 1999).

Opinion

742 So.2d 626 (1999)

ALL SEASONS CONSTRUCTION, INC., Plaintiff-Appellant/Appellee,
v.
The CITY OF SHREVEPORT, Defendant-Appellant/Appellee.

No. 32,190-CA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1999.
Rehearing Denied September 16, 1999.
Writ Denied December 17, 1999.

*627 Mark W. Odom, Shreveport, Counsel for Plaintiff.

Hicks and Hubley by S. Maurice Hicks, Jr., Lydia M. Rhodes, Shreveport, Office of the City Attorney by Ramona N. Wallis, Shreveport, Counsel for Defendant.

Before CARAWAY, KOSTELKA, DREW, JJ.

KOSTELKA, J.

This suit arises out of the renovations to Independence Stadium undertaken in preparation for the arrival of the Pirates, a now-defunct Canadian Football League franchise briefly stationed in Shreveport. After the proper bidding procedure, the City awarded the contract to install new seating in certain areas of the stadium to All Seasons Construction, Inc. Both before and after the final bid date, and due to various cost concerns, the City of Shreveport (through its architect, the Newman Partnership) vacillated between using plastic seats without arms or adding seat backs to the existing aluminum planks for the area of the less expensive seats. The owner finally opted for the plastic seating at an increased cost and the stadium was substantially complete in time for the first football game.

All Seasons has filed suit against the City in an effort to collect unpaid sums, including the increased cost of the construction. In response, the City contests the added expenditures and asserts, that upon considering the unfinished work, stolen supplies, and additional architect fees, it has actually overpaid All Seasons. The City, accordingly, seeks a refund. The trial court reviewed the voluminous evidence and concluded that the City owes All Seasons an additional $88,988.65. Appeals by both parties ensued.

The trial court provided excellent, detailed reasons for judgment including eighty-one enumerated specific factual findings. The court's "Findings of Fact and Conclusions of Law" indicate a studied consideration of the issues presented; and, finding no error below, we adopt those reasons pertaining to the instant appeals and affirm:

"FINDINGS OF FACT AND CONCLUSIONS OF LAW

"This matter having come on regularly for trial, evidence adduced and the matter submitted on briefs, the court now renders this Findings of Fact and Conclusions of Law. Plaintiff itemizes its claims as follows:

    I Original General Contract
        Amount                                $983,960.00
   II Previously Executed Change
        Order                                 + 19,337.00
  III Total Previously Amended Contract
        Amount                             = 1,003,297.00
   IV Total Payments by City to All
        Seasons                              - 955,125.90
    V Existing Balance Owed on Contract       = 48,171.10
   VI Add Cost of Contour CS 150
        Seats                                + 269,182.55
  VII Added Sales Tax                         + 17,493.00
 VIII Deduct for Canceled Seating
        Contract (Rowley)                    - 245,858.00
   IX Added Labor to Stockpile Unused
        Seating                               + 12,351.60
    X Added Labor to Saw-cut & Cap
        Plank Seats                            + 3,573.00
   XI Expediting Fee Paid to Contour
        Seating                               + 12,000.00
  XII Added Demolition & Tread Extensions      + 7,258.00
 XIII Added Steel Fabrication & Installation  + 12,701.00
  XIV Added Cost of Supervision                + 2,025.00
   XV Practice Field Bleachers                 + 3,139.12

*628
  XVI Contractual Overhead & Profit           + 15,057.16
 XVII Added Premiums for Bond                    + 731.96
XVIII Total Principal Owed, Incl.
        Bond & Past Due                   ----$157,825.49
                                              ___________
  IXX Attorney Fees Claimed                   + 38,565.10
   XX Interest                          (No Figure Given)

"Summary of Findings

"From the evidence at trial, the court finds that the City originally owed plaintiff the amount of $48,171.10, as plaintiff claims. The court further finds that plaintiff was entitled to add the cost of the additional CS150 seats ($269,182.55) and the claimed sales tax of $17,493.00. The court further finds that the City is entitled to credit for the Rowley sub-contract portion of the plaintiff's bid in the amount of $245,858.00 (rather than the $300,858.00 credit claimed by the city), leaving a subtotal of $88,988.[65]. The plaintiff is entitled to interest from the date of the Judgment herein.

"The evidence does not support the plaintiff's claim for items IX through XVII, nor does the evidence support the City's claim for any credit other than the Rowley sub-contract figure mentioned hereinabove. As to plaintiff's claim for attorney fees, the evidence does not include a formal final acceptance of the construction and therefore, pursuant to R.S. 38:2191C, an award for attorney's fees is impossible even though a contract providing for attorney fees is in existence.

"Further, the court finds that the obligation of plaintiff was the `fill the area' shown on the various drawings and plans with the appropriate seating and that this contract between the City and plaintiff was not a contract on a per-seat basis. Therefore, the claim for any credit by the City on a per-seat basis is rejected.

"As findings supporting the above and foregoing conclusions, the court further finds as follows:

"1. This lawsuit arises out of the `Furnish and Install New Seating' contract, which was one (1) of five (5) general contracts comprising the Independence Stadium Phase I Renovation in 1994.
"2. The need for an immediate stadium renovation coincided with the arrival of the Shreveport Pirates of the Canadian Football League.
"3. The first preseason home game would be played on June 24, 1994 with some renovation work still in progress.
"4. The first regular season home game would be played on July 16, 1994. All stadium work was to be substantially complete on or before July 14, 1994.
. . . .

"6. On February 28, 1994, the project architect (The Newman Partnership) issued the Bidding Documents for the Seating Contract. Those documents specified that approximately 7,000 seats with arms and approximately 5,000 seats without arms would be installed. The bid documents specified that Contour Seats, Inc. Model CS200 (with arms) and CS150 (without arms) or a prior approved equal seat would be required.

"7. Those documents contained preliminary seating layouts, a description of the work and modifications to AIA (American Institute of Architects) Document A201 (`General Conditions' between the Owner and Contractor.)

"8. The February 28, 1994 preliminary seating layout in the bid package showed an approximate count of 6,989 seats with arms and 5,004 seats without arms for the East and West Stands.

. . . .

"10. Before the bid date, several addenda to the Bidding Documents were issued:

A. ADDENDUM NO. 1 (Issued March 15, 1994)
Moved the date and time of the pre-bid conference from March 17 to March 24, 1994.
B. ADDENDUM NO. 2 (Issued March 21, 1994)

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Bluebook (online)
742 So. 2d 626, 1999 WL 624159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/all-seasons-const-v-city-of-shreveport-lactapp-1999.