Bartlett Const. Co. Inc. v. St. Bernard Council

763 So. 2d 94, 99 La.App. 4 Cir. 1186, 2000 La. App. LEXIS 1428, 2000 WL 722259
CourtLouisiana Court of Appeal
DecidedMay 31, 2000
Docket99-CA-1186
StatusPublished
Cited by23 cases

This text of 763 So. 2d 94 (Bartlett Const. Co. Inc. v. St. Bernard Council) 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
Bartlett Const. Co. Inc. v. St. Bernard Council, 763 So. 2d 94, 99 La.App. 4 Cir. 1186, 2000 La. App. LEXIS 1428, 2000 WL 722259 (La. Ct. App. 2000).

Opinion

763 So.2d 94 (2000)

BARTLETT CONSTRUCTION COMPANY, INC.
v.
ST. BERNARD PARISH COUNCIL, et al.

No. 99-CA-1186.

Court of Appeal of Louisiana, Fourth Circuit.

May 31, 2000.
Rehearing Denied June 30, 2000.

*96 David J. Krebs, Alberta Louise Adams, Preaus, Roddy & Krebs, New Orleans, Louisiana, Counsel for Plaintiff/Appellant.

Thomas P. Anzelmo, M. Grace Ratnesar, Richard A. Houston, III, Campbell, Mccranie, Sistrunk, Anzelmo & Hardy, Metaire, Louisiana, Counsel for Defendants/Appellees.

Court composed of Judge STEVEN R. PLOTKIN, Judge DENNIS R. BAGNERIS, Sr., and Judge PHILIP C. CIACCIO, Judge Pro Tem.

BAGNERIS, Judge.

Plaintiff/Appellant, Bartlett Construction Company ("Bartlett"), appeals the judgment of the 34th Judicial District Court for the Parish of St. Bernard, in favor of Defendant/Appellee, St. Bernard Parish Counsel, et al. ("St.Bernard"), against Bartlett. The trial court held that (1) St. Bernard did not breach its contracts with Bartlett as the contracts were valued between $75,000 to $150,000, and Bartlett was paid $420,263.00 in accordance with the work it performed pursuant to the contracts; (2) the contracts did not guarantee continuous work for a year; (3) Bartlett failed to prove a claim of detrimental reliance; and (4) Bartlett was not entitled to damages. On appeal, Bartlett argues that the trial court erred (1) in concluding as a matter of law and/or fact that Bartlett could not detrimentally rely on the representations of the St. Bernard Parish Engineer; (2) in its interpretation of the contracts, and in finding that St. Bernard did not breach the contracts; (3) in failing to find that St. Bernard breached its duty of good faith and fair dealing to Bartlett; and (4) in failing to address Bartlett's claim for an unpaid invoice. Notwithstanding, for the reasons stated below, we affirm the ruling of the trial court.

FACTS AND PROCEDURAL HISTORY

On January 22, 1991, the Chief Administrative Officer of St. Bernard Parish and the Parish Engineer presented a Capital Improvement Plan (the "Project") to the St. Bernard Parish Police Jury (the "Police Jury") at a regular meeting. The Project set out a specific amount of money to be spent on each area of the Parish, a general description of the nature of the work, and the designated fund from which the work would be paid. The Project was to be funded by a 1986 sales tax bond fund.

In February and March of 1991, in connection with the Project, the Parish Engineer, James San Martin ("Mr. San Martin"), advertised and re-advertised several different types of capital works, with several contracts to be awarded to multiple contractors. The contracts were advertised at different times, and separate contract documents were prepared. Mr. San Martin was responsible for oversight and administration of the contracts.

Charles Bartlett, who along with his wife owned Bartlett, saw a public advertisement of the Project and obtained a copy of the bid documents. The contracts were bid on a line item units price basis and were awarded to the lowest bidder on each particular item. Bartlett bid on and was awarded six contracts. Five of the contracts were identified at trial: E-002-91, E-015-91, E-016-91, E-101-91, 022-91, and E-002-91 (hereinafter "# 2, # 15, # 16, # 10, and # 22").

Contracts # 2, # 15, # 16 involved work similar to that involved in Contracts # 10 and # 22, but in a single location. Contracts # 10 and # 22 involved work, which the Parish described in its advertisement for bids as "installation of culverts, repair/replacement of sidewalks, curbs and driveway aprons and digging and cleaning of ditches for the parish for one year."

On July 2, 1991, Bartlett entered into Contract E-010-91, as he was the lowest bidder on Items 6.16, 6.17, 7.16, 7.17, 9.1, and 12. In conjunction with this contract, Bartlett submitted Labor and Material Payment Bond # 00795 from Protective *97 Casualty Insurance Company dated April 25, 1991, in the amount of $150,000. The bond described the "contract" to be bonded as the "installation of culverts, repair/replacement of sidewalks, curbs and driveway aprons and digging and cleaning of ditches for one year."

On July 9, 1991, due to the withdrawal of two other contractors, Bartlett was awarded several additional line items or sub-parts in accordance with Specification # 1. Accordingly, a second contract was prepared and executed on July 17, 1991, which included the additional line items. This contract was labeled # E-022-91. Bartlett did not procure a bond for this contract; instead, he attached a copy of Protective Casualty Labor and Material Bond # 00975 to the second contract. Also on that day, Bartlett received its first Notice to Proceed on contract E-010-91.

On July 23, 1991, Bartlett received its second Notice to Proceed on contract 022-91. After the Notices to Proceed were issued, individual work orders were given to Bartlett for each location where work was to be performed with a description of the work to be done specified by the Engineer's office. The last work order was issued to Bartlett on November 20, 1991. There were no other work orders issued after November 20, 1991 on these two contracts or to any other contractors. The total value of work performed by Bartlett during the course of contracts # 10 and # 2 was approximately $420,263.46.

In the Fall of 1991, the sales tax bond fund became overextended due to the cost of the work being performed exceeding the amount that was originally contemplated. Specifically, $2.4 million was originally allocated for the Project, while more than $3 million was actually spent. Due to an availability of surplus funds from a sales tax windfall, money was transferred into the account to pay for the deficit. However, as a whole, the Parish was in severe, economic trouble.

In October of 1991, the St. Bernard Parish form of government changed by election from a Police Jury to a Home Rule Charter. Lynn Dean ("Mr.Dean") was elected Parish President; however, he did not officially take office until January of 1992. The 1986 sales tax bond fund at that time was in deficit.

In early 1992, Bartlett was advised that the Parish did not reasonably foresee issuing any more work orders to him. Notwithstanding, Bartlett directed a series of letters to the Parish demanding a letter of termination which the Parish did not comply. Bartlett subsequently initiated suit against the Police Jury. On appeal Bartlett raises two issues: (1) Breach of Contract, and (2) Detrimental Reliance.

BREACH OF CONTRACT

Standard of Review

The issue of whether or not the language of a contract is ambiguous is an issue of law subject to de novo review on appeal. Orleans Parish School Board v. City of New Orleans, 96-2664 (La.App. 4 Cir. 9/3/97), 700 So.2d 870. "In the interpretation of contracts, the trial court's interpretation of the contract is a finding of fact subject to the manifest error rule." Grabert v. Greco, 95-1781, (La.App. 4 Cir. 2/29/96), 670 So.2d 571, 573. In applying the manifest error rule to the trial court's interpretation, the Court of Appeal may not simply substitute its own view of the evidence for the trial court's view, nor may it disturb the trial court's finding of fact so long as it is reasonable. Syrie v. Schilhab, 96-1027, (La.5/20/97), 693 So.2d 1173. In such cases, appellate review of questions of law is simply to determine whether the trial court was legally correct. McCrory v. Terminix Service Co., Inc., 609 So.2d 883 (La.App. 4 Cir.1992);Terrebonne Fuel & Lube, Inc. v. Placid Refining Co., 93-2364 (La.App. 4 Cir.

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Bluebook (online)
763 So. 2d 94, 99 La.App. 4 Cir. 1186, 2000 La. App. LEXIS 1428, 2000 WL 722259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartlett-const-co-inc-v-st-bernard-council-lactapp-2000.