Livingston Parish Library System v. Brunt Construction, Inc.

• Court: Louisiana Court of Appeal
• Decided: April 28, 2020
• Docket: 2020CW0132
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

LIVINGSTON PARISH LIBRARY 2020 CW 0132 SYSTEM PAGE 1 OF 2

VERSUS

BRUNT CONSTRUCTION, INC. ET AL APR 2 8 2020

In Re: Livingston Parish Library System, applying for 21st Judicial District Court, Parish supervisory writs, of Livingston, No. 163585.

BEFORE: GUIDRY, MCDONALD, HIGGINBOTHAM, THERIOT, CHUTZ, JJ.

WRIT NOT CONSIDERED. Relator failed to provide a copy of the pertinent court minutes in violation of Uniform Rules of Louisiana Courts of Appeal, Rule 4- 5( C)( 10). Additionally, this court is

unable to address the merits of the relator' s writ application

without a copy of the transcript of the hearing on December 16,

2019, including identification of evidence admitted at the

hearing.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.

In the event relators seek to file a new application with

this court, it must contain all pertinent documentation, including documentation to show that the original writ application was

timely, the missing items noted above, and must comply with Uniform Rules of Louisiana Courts of Appeal, Rule 2- 12. 2. Any new

application must be filed on or before May 29, 2020 and must

contain a copy of this ruling.

J 4G TMH MRT

McDonald and Chutz, JJ. dissent. The Livingston Parish

Library (" the Library") and Brunt Construction, Inc. (" Brunt")

agreed to arbitrate any claims arising out of Brunt' s construction of the Denham Springs Walker Library Addition & Renovation (" the

project"). The Library and Cockfield Jackson Architects, APAC

CJA") agreed to arbitrate any claims arising out of CJA' s

architectural design and management of the project. The issue of

whether a party to an arbitration agreement has waived arbitration is for the arbitrator to decide. International River Center v.

Johns -Manville Sales Corp., 2002- 3060, p. 3( La. 12/ 3/ 03), 861

So. 2d 139, 142; Arkel Constructors, Inc. v. Duplantier & Meric,

Architects, L. L. C., 2006- 1950 ( La. App. 1st Cir. 7/ 25/ 07), 965

So. 2d 455, 461. Additionally, by incorporating the American

Arbitration Association' s Construction Industry Arbitration Rules into the subject arbitration agreements, the parties agreed that STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

APR 2 8 2020 2020 CW 0132 PAGE 2 OF 2

t] he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the

existence, scope, or validity of the arbitration

agreement." See Fla. Gas Transmission Company, LLC v. Texas Brine

Company, LLC, 2017- 0304 ( La. App. 1st Cir. 12/ 6/ 1. 8), 267 So. 3d 633, 637, reh' g denied ( Jan. 25, 2019), writ denied, 2019- 0333 La. 6/ 26/ 19), 275 So. 3d 876; Jasper Contractors, Inc. v. E-

Claim. com, LLC, 2011- 0978 ( La. App. 1st Cir. 5/ 4/ 12), 94 So. 3d 123, 134. Accordingly, we would grant the Library' s motion to

stay as to its claims against Brunt, The Gray Casualty & Surety Company, CJA, XL Specialty Insurance Forge Company, Valley Insurance Company, and Transportation Insurance Company pending arbitration of these claims.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT FOR THE COURT