Hanna-Abington Alexandria, Inc. v. BUDD CONST. CO., INC.

487 So. 2d 743, 1986 La. App. LEXIS 6710
CourtLouisiana Court of Appeal
DecidedApril 23, 1986
Docket85-181
StatusPublished
Cited by1 cases

This text of 487 So. 2d 743 (Hanna-Abington Alexandria, Inc. v. BUDD CONST. CO., INC.) 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
Hanna-Abington Alexandria, Inc. v. BUDD CONST. CO., INC., 487 So. 2d 743, 1986 La. App. LEXIS 6710 (La. Ct. App. 1986).

Opinion

487 So.2d 743 (1986)

HANNA-ABINGTON ALEXANDRIA, INC., Plaintiff-Appellant,
v.
BUDD CONSTRUCTION COMPANY, INC., Defendant-Appellee.

No. 85-181.

Court of Appeal of Louisiana, Third Circuit.

April 23, 1986.

Provosty, Sadler & Delaunay, David P. Spence, Alexandria, for plaintiff-appellant.

Gist, Methvin, H.B. Gist, Jr., Alexandria, for defendant-appellee.

*744 Before STOKER, DOUCET and FALKENHEINER,[*] JJ.

STOKER, Judge.

This is a suit for breach of contract for the construction of a parking lot with an asphalt surface. Plaintiff contends the defendant contractor, Budd Construction Company, Inc. (Budd), breached its warranty of good workmanship. After construction, the surface of the parking lot began to crack and deteriorate. Budd answered plaintiff's suit, denied any liability and specifically alleged that factors other than poor workmanship were responsible for the failure in the parking lot. Budd also reconvened alleging first that Budd and plaintiff, Hanna-Abington Alexandria, Inc., entered into a compromise agreement affecting plaintiff's demands, in which Budd agreed to do additional work in the nature of repair. The repair work was estimated to cost approximately $9,000 which would be split between the parties. Budd alleged that it satisfactorily performed such work. Budd pleaded the performance of the agreement to repair constituted a transaction and agreement. He further pleaded that, if the compromise was not effective, the cost of the actual additional work done was approximately $19,563.25, for which Budd demanded recovery, plus 15% profit. Plaintiff filed a general denial with respect to Budd's reconventional demands.

After trial the trial court rejected the demands of both plaintiff and reconvenor. Hanna-Abington Alexandria, Inc. applied for a new trial which was denied; it then applied for a devolutive appeal to this court. Budd neither appealed nor answered the appeal. We affirm the trial court.

The distinguished trial judge who decided this case wrote excellent written reasons for judgment. After study of the record we find that the trial court's findings are correct, and its resolution of the case is proper. We adopt the trial court's reasons for judgment as our own opinion in this case. We set forth those reasons in full as follows:

"REASONS FOR JUDGMENT

"The plaintiff, Hanna-Abington—Alexandria, Inc. (hereinafter Hanna), seeks to recover damages from the defendant, Budd Construction Company, Inc. (hereinafter Budd), arising out of the allegedly defective construction by the defendant of a parking lot at plaintiff's automobile dealership in Alexandria, Louisiana. It is conceded by both parties that the asphalt began to crack and show signs of failure within about 60 days of completion and that by the time of trial approximately four years later, the failure had progressed to the point that the entire area must be torn up and replaced.

"Essentially, plaintiff contends the asphalt failed either because: (1) the six inches of base material underneath was not sufficiently stable or (2) the base material was not properly compacted before the asphalt was laid. Plaintiff's position is that there were no plans and specifications supplied by the owner [plaintiff itself], nor was there any supervision by an architect, engineer or other expert, and hence the contractor is liable for bad workmanship within the meaning of LSA-C.C. art. 2762.

"Defendant contends essentially that in his bid he contracted only to `grade, shape and compact existing sand, clay and gravel' and to place two inches of hot mix asphalt on this base. Budd's position is that he performed exactly his contract, that the cause of the failure was not enough sand and too much clay in the existing base material, a condition which he did not know and was not reasonably required to know. Budd also argues that Hanna did not depend on Budd's expertise as to the base, but instead depended on its own engineer and laboratory soil analysis.

"GENERAL FACTS

"In 1978 Hanna constructed new buildings, driveways, parking areas, etc. under *745 the supervision of architects and engineers. The original specifications required six inches of `sand, clay, gravel,' complying with Department of Transportation and Development specifications, be placed on all areas to be paved, including the so-called `front parking lot,' and the `rear parking lot.' During construction, the original plans were changed to delete paving of the rear parking lot in order to save money. The front parking lot was paved with asphalt, and the evidence shows it has held up with only the normal amount of failure. The rear parking lot was originally covered with gravel.

"In September of 1979 Hanna decided to blacktop the rear parking lot. Chris Tidwell, business manager of Hanna, solicited bids from Budd and from L.H. Bossier, Inc. Budd's bid dated October 8, 1979 states it would furnish all material, labor and equipment to perform the following work:

"`1. Grade, shape and compact existing sand, clay and gravel for the sum of 6,263 square yards at $0.65 $4,070.95.
2. Prime and place two inch hot mix asphalt for the sum of 6,263 square yard at $3.55 $22,233.65.'"

"Budd's bid for the work in question totaled $26,304. Mr. Tidwell testified that Bossier's bid was over $40,000. Tidwell called Bossier to find out why its bid was so much higher. Bossier explained that it proposed to use lime or soil cement in the base material. Other testimony shows that the purpose of using lime or soil cement is to reduce the PI (plasticity index) of clay, which, if untreated shrinks when dry and expands when wet, thus causing the base to be unstable.

"Tidwell consulted with Mr. Pete Abington, president of Hanna-Abington, about the difference in the bids. Abington decided to seek advice from the engineering firm, Meyer, Meyer, Lacroix and Hixson, Inc., who had performed the engineering services in connection with the original construction in 1978. Mr. Dudley Hixson, of this engineering firm, decided to obtain a soil test from Louisiana Testing and Inspection, Inc. This testing concern reported to Hixson first orally and then in writing on October 29, 1979 as follows:

"`Sample Number  Depth  Description         LL- PL- Pi
        1           3'  Stiff Reddish       36  20  16
                        Brown Silty Clay
        2           3'  Stiff Reddish       40  21  19
                        Brown Silty Clay
        3           3'  Stiff Reddish       39  21  18
                        Brown Silty Clay
        4           3'  Stiff Reddish       39  22  17
                        Brown Silty Clay
"Remarks: Alternative # 1
"This is a suitable subbase material. It would also be suitable as a base if Lime treated & stabilized with cement 72 hr. prior to Lime stabilization. Lime Factor Recommendation— 10% by Volume.
Cement Factor Recommendation—10% by Volume.
Alternative # 2
Scarify the existing Sand Clay Gravel & compact by means of a Sheep Foot Roller. Material should be compacted at optimum moisture until the specified percent compaction is reached. Thickness of Asphlatic Concrete Surfacing for Alternatives 1 & 2 should be at least 2.5" thick.'

"By a letter dated October 30, 1979, Hixson forwarded to Hanna a copy of the above soil test report. In this letter, Hixson states the following:

"`I have received a verbal report from the laboratory regarding the suitability of the existing base material. Mr.

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487 So. 2d 743, 1986 La. App. LEXIS 6710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanna-abington-alexandria-inc-v-budd-const-co-inc-lactapp-1986.