L.G.W., Inc. v. Darcy P

496 So. 2d 384, 1986 La. App. LEXIS 7720
CourtLouisiana Court of Appeal
DecidedOctober 9, 1986
DocketNo. CA-5124
StatusPublished
Cited by2 cases

This text of 496 So. 2d 384 (L.G.W., Inc. v. Darcy P) 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
L.G.W., Inc. v. Darcy P, 496 So. 2d 384, 1986 La. App. LEXIS 7720 (La. Ct. App. 1986).

Opinion

GARRISON, Judge.

This is an appeal from a judgment of the Civil District Court rendered June 26, 1985 and providing as follows:

“IT IS ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of the plaintiff, L.G.W., Inc., and against the defendants, Mrs. Darcy P., wife of and Kerry P. Redmann, in the sum of $3,977.00 plus interest from date of judicial demand until paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of the plaintiff, L.G.W., Inc., and against the defendants, Mrs. Darcy P., wife of and Kerry P. Redmann, for those amounts paid out hereafter to Bernard Lumber Co., Masonry Products, Helm Paint Co., George’s Wallcovering, and Decorators Choice, not to exceed the sum of $5,663.20 plus interest.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of the plaintiffs in reconvention, Darcy P. Redmann and Kerry P. Redmann, and against the defendant in reconvention, L.G.W., Inc., in the sum of $3,377.52 plus interest from date of judicial demand until paid and for all costs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all other demands are hereby dismissed.”

The trial court provided the following written reasons for judgment:

“Mr. Willis of L.G.W. Inc., and Mr. Redmann entered into a cost plus contract for the construction of a house according to plans and specifications.
L.G.W., Inc., was to be paid the sum of $6,000.00 for his work. Mr. Willis paid some of the bills, Mr. Redmann paid some, and some are still owed to the suppliers.
L.G.W., Inc., contends that Three Thousand Dollars is still due on the supervision fee, as well as money expended for labor and material and debts incurred for labor and material. Plaintiff contends that those are paid are:
Mike Catalonato $376.00
Clem Butler 581.00

Plaintiff contends that those still due are:

Bernard Lumber Co. 2784.82
Masonry Products 2469.52
Helm Paint Co. 157.50
George’s Wallcovering 165.40
Decorator’s Choice 85.96

The defendant contends that the limit of his liability is $55,000.00 because of the contract.

He further contends that:

1. He is entitled to the cost of demolition and construction of a new retaining wall.
2. The cost of the carport.
3. Painting — touchup on the walls.
4. Cost of guttering around the house.
5. Cost of interim financing due to delay in construction.

The Court finds the following:

This was a cost plus contract. L.G.W. Inc., is entitled to Judgment against Mr. [386]*386Redmann for his supervision fee, the costs paid to Mr. Catalonato and Mr. Butler. The plaintiff is further entitled to Judgment for those liabilities which are contingent, and to be collected only in the event of the payment of these debts by L.G.W., Inc.
This Court finds that because this was a cost plus contract, the exposure of Mr. Redmann is not limited to $55,000.00.
The Court finds the retaining wall, the carport and the guttering around the house were not included in the initial contract.
The plaintiff in reconvention, Mr. Red-mann, can not, therefore, recover for the guttering, nor the carport.
A separate problem is presented by the retaining wall.
There was a separate agreement to construct a retaining wall not to exceed a cost of $1,000.00.
It is unfortunate that Mr. Willis did not refuse (knowing that a proper concrete retaining wall could not be built for this price) or have Mr. Redmann execute a waiver, or hold harmless agreement.
However, a workman is responsible for his work, and in this case the work is useless and must be demolished.
Mr. Redmann is entitled to the cost of this demolition.
However, he is not entitled to the construction of a proper retaining wall, for which he neither contracted nor paid.
The Court finds the cost of demolition as follows:
Remove existing fence 120.00
Knock down wall 230.00
Haul off debris 720.00
Replace fence 802.50
Overhead and profit 561.60
The Court finds that Mr. Redmann is entitled to recover the cost of touching up the walls, in the sum of $300.00.
The Court finds that Mr. Redmann is entitled to recover the additional cost of interim financing caused by delay, in the amount of $643.42.
All other claims are denied.”

L.G.W., Inc.’s President, Larry G. Willis and the Redmanns executed the following construction contracts:

“CONSTRUCTION AGREEMENT
BETWEEN
L.G.W., INC. (CONTRACTOR)
AND
KERRY AND DARCY REDMANN (PURCHASERS)
L.G.W., Inc. proposes to construct a single family residence of approximately 2100 square feet of living area, in accordance with the attached Plans and Specifications.
Dwelling to be constructed on 50' X 100' lot in Spanish Fort Subdivision, Square 4, Lots 46 and 47 (Aviators Street) bearing municipal number 1321.
Total cost of construction, including closing cost, not to exceed $55,000.
Agreed upon this date, June 3, 1982.
/s/ Larry Willis, President /s/ DARCY P. REDMANN
L.G.W., Inc.
la/ KERRY P. REDMANN, JR.
(emphasis added).
AGREEMENT
JUNE 3, 1982
[387]*387We, Kerry and Darcy Redmann hereby agree to pay L.G.W., Inc. a supervisory fee of Six Thousand Dollars over and above the cost of Construction of our home on Aviators Street.
Payment will be as follows:
1st Payment of $3,000 to be paid when house is framed, bricked and sheetrocked.
2nd Payment of $3,000 to be paid when house is accepted by owners and is ready to move into.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
496 So. 2d 384, 1986 La. App. LEXIS 7720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lgw-inc-v-darcy-p-lactapp-1986.