Dobson v. Parish of East Baton Rouge

298 So. 2d 110, 1974 La. App. LEXIS 4179
CourtLouisiana Court of Appeal
DecidedJune 28, 1974
DocketNo. 9884
StatusPublished
Cited by2 cases

This text of 298 So. 2d 110 (Dobson v. Parish of East Baton Rouge) 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
Dobson v. Parish of East Baton Rouge, 298 So. 2d 110, 1974 La. App. LEXIS 4179 (La. Ct. App. 1974).

Opinion

de la HOUSSAYE, Judge.

This is a suit for a fee. for architectural services performed under a contingent fee contract. The plaintiff, Clinton R. “Buck” Dobson, brings this action against the Parish of East Baton Rouge (hereinafter referred to as the Parish), contending that he is entitled to a fee of $280,000.00 for work done by him under his contract with the Parish in connection with proposed construction of a judiciary building complex. In the alternative, the plaintiff sought recovery on a quantum meruit basis, i. e., that even if the contract was not binding or effective; nevertheless, he, in good faith, proceeded toward completion of the work to be accomplished under the contract and should be paid a fair amount for his services.

The Parish resisted the claim with several arguments. First, it was contended that there was no valid contract by which plaintiff could recover because the contract which was executed was materially different and broader than the authorizing resolution of the Parish Council. Further, it was submitted that the condition set forth by the resolution concerning the successful passage of a bond election was never met and, consequently, the petitioner was not entitled to a fee.

The trial judge held that the payment of architectural fees arising from the project was express and specifically restricted to the successful passage of an ad valorem bond issue or the acquisition of Federal aid in the form of a Planning Grant or Advance from HUD (Housing and Urban Development) for this particular purpose. As interpreted by the trial court the contract was strictly a contingent contract based upon the successful passage of a bond issue.

It was also stated by the Lower Court that the sole authority for a contract of this nature is the ordinance or resolution of the (Police Jury). Therefore, the contract could not go beyond its terms without making the contract null and void. Accordingly, East Baton Rouge Parish could not be allowed to expand on the terms of the contract as expressed in the resolution authorizing this contract.

The trial judge further disallowed recovery by plaintiff under the doctrine of quantum meruit because plaintiff did not [112]*112show (1) that the Parish benefited from his labors and (2) that the Parish was unjustly enriched thereby.

We agree with our learned brother below and quote extensively from his recitation of the facts.

“The facts pertinent to the controversy are not in dispute and therefore a decision in this matter largely rests upon an interpretation of the various documents and resolutions relied upon by the respective parties. A chronological review of the events leading toward the culmination of the litigation show that for some time the Parish has been in dire need of adequate offices to house the various constitutional and judicial departments of the Parish government. Toward satisfying this demand, the responsible authority, the Parish Council, on November 13, 1967, adopted Resolution Number 7427, authorizing the May- or-President to employ Clinton R. Dob-son (lead architect), Wilson & Coleman, Miller, Smith & Champagne, Newman & Grace, and Thompson, Thompson & Edwards as architects to perform the architectural services in connection with a judicial building complex for the Parish of East Baton Rouge. This resolution provided that the appointment of these architects was to be made ‘subject to and strictly in accordance with the provisions of this resolution’. Portions of this resolution are quoted extenso:
“ ‘Section 2. The contract with the architects employed hereunder shall provide that payment for all work performed shall be strictly on a contingent fee basis; in the event a bond election including the Judicial Building Complex is called and such project approved by the property taxpayers, and this Council proceeds with plans for construction of the proposed Judicial Building Complex, the architects designated will be employed to carry out the project and will be paid for architectural services rendered out of the bond proceeds. In the event such election fails or this Council should otherwise abandon the project, then it is specifically understood that the architects will be paid nothing and the Parish shall have no liability or responsibility for any fees, costs or expenses related to their services in connection with the project.
“ ‘Section 3. It is understood, however, that the Parish will request Federal Aid in the form of a Planning Grant or Advance for preliminary plans of the project, and in the event such Grant of Advance is approved, the architects will be paid out of funds allocated to the project by the Federal Government, but beyond the amount of such Grant or Advance, the Parish shall have no obligation to architects.’
“The official minutes of the meeting at which this resolution was adopted show:
“ ‘After discussion, a motion was made by Mr. Harris and seconded by Mr. McConnell that the five architects named by the Mayor-President be retained on a contingency basis for the Judicial Building Complex, these architects being: (1) Clinton R. Dobson (lead architect); (2) Wilson & Coleman; (3) Miller, Smith & Champagne; (4) Newman & Grace; (5) Thompson, Thompson & Ed-monds; and further, the Mayor’s Office make application to HUD for a planning grant for this municipal complex and other needs of the community. If the grant is obtained and, also, if the bond issue passes, then the architects would be paid for the planning and designing that they have done; otherwise, the City-Parish is not responsible to the architects for costs involved. It was further specified that the new building be placed in the area designated by the Building and Task Committees, just west of the present Court House.’
“At a subsequent meeting on February 12, 1969, the Parish Council adopted Resolution Number 8108 which amend[113]*113ed Resolution Number 7427 and deleted Thompson, Thompson & Edmonds from the list of architects described in 7427, but specifically maintained in all other respects the provisions of the earlier resolution.
“Pursuant to these resolutions, the May- or-President, on behalf of the Parish, entered into a contract on March 7, 1969, with the aforesaid architects whereby they agreed to provide the professional services for the project for the fee equal to seven percent of the projected construction cost of $8,000,000.00. This contract recognized that W. W. Dumas, as Mayor-President was authorized to act on behalf of the Parish by virtue of the two resolutions previously described. It further specified that:
‘2.4 The payment of architectural fees is contingent upon a bond election including the Judicial Building Complex called and approved by the property taxpayers or other bonds and/or evidences of indebtedness being issued, and the Parish Council proceeding with plans for construction of the proposed Judicial Building Complex. The Architect is to be paid for services rendered hereunder solely out of such bond proceeds. In the event such election fails, or said other bonds and/or evidences of indebtedness not be issued, or should the Parish Council otherwise abandon the Project, then it is specifically understood that the Architect will be paid nothing, and that the Parish shall have no liability or responsibility for any fees, costs or expenses related to their services in connection with the Project.

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Related

Cott Index Co. v. Jagneaux
685 So. 2d 656 (Louisiana Court of Appeal, 1996)
Dobson v. Parish of East Baton Rouge
302 So. 2d 24 (Supreme Court of Louisiana, 1974)

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Bluebook (online)
298 So. 2d 110, 1974 La. App. LEXIS 4179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobson-v-parish-of-east-baton-rouge-lactapp-1974.