LICENSING BD. v. Dept. of Agriculture

588 So. 2d 1268, 1991 WL 226503
CourtLouisiana Court of Appeal
DecidedOctober 18, 1991
Docket91 CA 0430
StatusPublished
Cited by12 cases

This text of 588 So. 2d 1268 (LICENSING BD. v. Dept. of Agriculture) 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
LICENSING BD. v. Dept. of Agriculture, 588 So. 2d 1268, 1991 WL 226503 (La. Ct. App. 1991).

Opinion

588 So.2d 1268 (1991)

STATE LICENSING BOARD FOR CONTRACTORS
v.
LOUISIANA STATE DEPARTMENT OF AGRICULTURE AND FORESTRY and Louisiana Agricultural Finance Authority.

No. 91 CA 0430.

Court of Appeal of Louisiana, First Circuit.

October 18, 1991.
Writ Denied January 6, 1992.

*1269 Jon C. Adcock, Baton Rouge, for plaintiff-appellant Louisiana State Licensing Bd. for Contractors.

C. James Gelpi, New Orleans, for defendant-appellant Louisiana Dept. of Agriculture and Forestry and Louisiana Agricultural Finance Authority.

Before WATKINS, CARTER and FOIL, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment in a suit for declaratory judgment and injunctive relief.

FACTS

On December 21, 1989, petitioner, the State Licensing Board for Contractors (Board), filed a petition for injunction, seeking to enjoin the defendants, the Louisiana State Department of Agriculture (Department) and the Louisiana Agricultural Finance Authority (LAFA), from performing construction on an office building at 5150 Florida Boulevard in Baton Rouge, Louisiana. The Board alleged that, under LSA-R.S. 37:2160, it is unlawful for any person to engage in the business of contracting without having qualified as a contractor under the applicable law and without obtaining a license from the Board. The Board subsequently amended its petition for injunctive relief, seeking to enjoin the new construction at the Louisiana State University campus in Baton Rouge, Louisiana. The Board also amended its petition, seeking a declaratory judgment determining that defendants' performance of commercial construction in excess of $50,000.00 without a license was a violation of LSA-R.S. 37:2150 et seq. and that the use of Department employees to perform such work also constituted the performance of such construction.

The parties subsequently entered into stipulations, which provided, in pertinent part, as follows:

22. That the Louisiana Department of Agriculture and Forestry and Louisiana *1270 Agricultural Finance Authority intend to construct the chemistry laboratory building in the following procedure:
....
2. Upon completion of the design and construction document phase, the engagement of a licensed contractor through a bidding process identical to that established in Louisiana R.S. 38:221 et seq.
3. The accomplishment of some of the construction through the services of existing employees of the Louisiana Department of Agriculture and Forestry and the Louisiana Agricultural Finance Authority, all of whom will be acting on behalf of the Louisiana Agricultural Finance Authority while providing said services but whom will be paid by the Louisiana Department of Agriculture and Forestry for same.
4. The contemplated construction will be fully supervised and partially accomplished by a contractor licensed by the State Licensing Board for Contractors.
23. The Department of Agriculture and/or LAFA have no contractor's license from the State of Louisiana.
24. The employees who will actually help perform the construction of the Agricultural Chemical Laboratory Building will be regular Department of Agriculture employees who will work on the project on special assignment on a part-time basis.
....
26. The Agricultural Chemical Laboratory Building will be owned by LAFA during and after the construction.

After a hearing on the declaratory judgment, the trial court determined that neither of the defendants is exempt from the provisions of LSA-R.S. 37:2150 et seq., but that the defendants may utilize the services of the Department's employees to participate in the accomplishment of the construction. With regard to the Board's request for injunctive relief, subsequent to the trial court's determination on the request for declaratory relief, the parties entered into a consent judgment.[1] In the consent judgment, the parties agreed that at all times of construction of the chemistry building at LSU, defendants would engage a licensed primary contractor.[2] The parties also agreed that the primary contractor may, at the option of the Department, utilize the service of workers normally employed by the Department and that such employees shall be supervised by a licensed contractor.

Thereafter, both parties appealed the trial court judgment on the declaratory judgment. The Board contends that the trial court erred in holding that the defendants could lawfully furnish the labor on construction projects valued at over $50,000.00 under the Contractor's Licensing Law, LSA-R.S. 37:2150 et seq. Defendants contend that the trial court erred in finding that they were subject to the Contractor's Licensing Law with regard to performing construction without having a qualified licensed contractor and without obtaining a license from the Board.

APPLICABILITY OF CONTRACTOR'S LICENSING LAW

Defendants contend that the Contractor's Licensing Law does not apply to LAFA or the Department for several reasons. Defendants reason that they are not engaged in the business of contracting. Defendants also reason that, as owner of the building, they are not required to comply with the Contractor's Licensing Law. Defendants further reason that the statutes were intended to apply to private businesses *1271 and not to state agencies or departments. Finally, defendants reason that LAFA is specifically authorized by the Louisiana Agricultural Finance Act, LSA-R.S. 3:261 et seq., to undertake the construction of immovable property and is expressly exempted from obtaining the consent of any other state agency in accomplishing this purpose.

A. Are Defendants Engaged in the Business of Contracting?

LSA-R.S. 37:2150 provides the purpose of the Contractor's Licensing Law as follows:

[T]he protection of the health, safety, and general welfare of all those persons dealing with persons engaged in the contracting vocation, and the affording of such persons of an effective and practical protection against the incompetent, inexperienced, unlawful, and fraudulent acts of contractors with whom they contract. Further, the legislative intent is that the State Licensing Board for Contractors shall monitor construction projects to ensure compliance with the licensure requirements of this Chapter. (emphasis added).

LSA-R.S. 37:2157 A(3)(a)[3] defines "contractor" as follows:

[A]ny person who undertakes to, attempts to, or submits a bid or offers to construct, supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor, material, or equipment, or installing the same for any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, or housing development, improvement, or any other construction undertaking for which the entire cost of same is fifty thousand dollars or more when such property is to be used for commercial purposes other than a single residential duplex, a single residential triplex, or a single residential fourplex.

"Commercial purposes" is defined as "any construction project other than residential homes, a single residential duplex, a single residential triplex, or a single residential fourplex." LSA-R.S. 37:2157A(2).

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Cite This Page — Counsel Stack

Bluebook (online)
588 So. 2d 1268, 1991 WL 226503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/licensing-bd-v-dept-of-agriculture-lactapp-1991.