St. Bernard Port, Harbor & Terminal District v. Guy Hopkins Construction Co.

108 So. 3d 874, 2012 La.App. 4 Cir. 0167, 2013 WL 175001, 2013 La. App. LEXIS 61
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2013
DocketNo. 2012-CA-0167
StatusPublished
Cited by5 cases

This text of 108 So. 3d 874 (St. Bernard Port, Harbor & Terminal District v. Guy Hopkins Construction Co.) 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
St. Bernard Port, Harbor & Terminal District v. Guy Hopkins Construction Co., 108 So. 3d 874, 2012 La.App. 4 Cir. 0167, 2013 WL 175001, 2013 La. App. LEXIS 61 (La. Ct. App. 2013).

Opinion

MADELEINE M. LANDRIEU, Judge.

| jThis case arises out of the performance of a publicly-bid construction contract awarded to Guy Hopkins Construction Co., Inc. [“Hopkins”] by the St. Bernard Port, Harbor and Terminal District [“the Port”]. Both parties appeal the trial court’s September 6, 2011 judgment, which awarded Hopkins damages in the amount of $101,316.47. For the reasons that follow, we affirm.

FACTS AND PROCEEDINGS BELOW

Approximately twelve years ago the Port solicited bids for Phase I of a major public works renovation [“the Project”]. Hopkins submitted the lowest bid and was awarded the Project. On August 7, 2000, Hopkins entered into a construction contract with the Port in the amount of $3,441,252.00. The contract specified that all work was to be completed within 150 days. The specified work consisted of the demolition and removal of existing structures in the fifty-acre Project area, the placement of sand that was to be compacted, graded, and coated with a layer of base course (crushed limestone), and the installation of water/sewer and drainage pipes and certain prep work for an electrical system to be installed in |2the second phase of the renovation.1 The Port issued the Notice to Proceed on August 15, 2000. Due to several negotiated extensions of time, the Project was due to be completed on September 14, 2001. The parties disagree as to what happened next. Hopkins contends it completed the final punch list for the Project but the Port refused to issue payment. Conversely, the Port claims that Hopkins abandoned the unfinished Project on December 10, 2001. After placing Hopkins in default, the Port terminated Hopkins on February 7, 2002.

On April 18, 2002, the Port filed suit against Hopkins and its liability insurers for breach of contract and damages, Hopkins filed a reconventional demand against the Port seeking the balance due under the contract and compensation for additional work it allegedly had performed. [878]*878Hopkins also asserted a third party demand and reconventional demand against the Project Engineer, Burk-Kleinpeter, Inc. [“BKI”], seeking damages for delays that allegedly resulted from deficiencies in the design and administration of the Project. Hopkins’s claim against BKI was settled prior to trial. In addition, Hopkins, its insurers and the Port reached a partial settlement, leaving only certain claims to be decided at trial, including Hopkins’s claims for the contract balance2 and other amounts allegedly due it for several items of additional work, and the Port’s claims for allegedly defective work and for liquidated damages.

|aThe case was tried on multiple dates over a five-year period, namely: May 31-June 1, 2005; February 27-March 2, 2007; January 28-80, 2008; September 30-Octo-ber 2, 2008; January 7-8, 2009; and February 18, 2009. After taking the matter under advisement, the trial court on March 12, 2010 rendered judgment in favor of the plaintiff, the Port, in the amount of $357,765.19 and issued extensive written reasons for judgment. Both parties filed motions for new trial on specific issues, which the trial court granted. After conducting a hearing on those issues, the trial court, on September 1, 2011 rendered judgment against the Port, awarding the defendant, Hopkins, damages in the amount of $59,538.47. A few days later, on September 6th, the trial court on its own motion amended the judgment to correct “an error in computation.” The amended judgment increased Hopkins’ award to $101,306.47. On September 7th, the trial court issued extensive written reasons addressing all the issues covered by the three successive judgments.

In its Reasons for Judgment, the trial court noted several general findings of fact that precipitated its rulings as to specific items of recovery between the parties The court noted that Hopkins was the lowest bidder on the Project by approximately $2,000,000.00, a margin that prompted the Port to inquire as to whether Hopkins was aware of the scope of the Project. After ignoring the Port’s suggestion that it reconsider its bid, Hopkins was awarded the Project and soon discovered that it involved more extensive work than Hopkins had originally contemplated. The court specifically noted that the Hopkins employee responsible for formulating the bid was fired shortly thereafter. Two major issues faced by | ¿Hopkins were an extensive amount of concrete demolition and problems with the concrete crushing operations. The delays caused by these issues were compounded by a continuous change by Hopkins in supervisors for the Project, as well as “continuous machinery, manpower and management problems” that persisted throughout the Project. The trial court found that, in order to keep the work progressing, the parties had agreed upon three change orders during the course of the Project, all of which had amended the contract. Finally, the court found that the Engineer, BKI, which was a party to the contract, had served as the “initial interpreter of [the contract] requirements” in deciding upon the acceptability of the work. The trial court specifically noted that any claims of Hopkins or the Port that could have been brought against the Engineer had been assumed by Hopkins via its settlement with BKI.

After setting forth these general findings, the trial court addressed nineteen specific claims for compensation by Hopkins and six by the Port, providing its reasons for granting or denying each amount. The court explained that the final award to Hopkins was determined by [879]*879calculating the difference between the amounts awarded to the Port and those awarded to Hopkins, which resulted in the Port owing Hopkins the sum of $101,306.47.

Hopkins appeals the judgment,3 raising ten assignments of error. The Port has filed an answer to the appeal. It asserts a cross-appeal raising five assignments of error.

_y_ISSUES

For purposes of this discussion, the parties’ fifteen specific assignments of error are grouped into the following five general issues:

I. Whether the Port is entitled to compensation for various items of work that it claims Hopkins either failed to perform satisfactorily or failed to complete as per the terms of the contract;
II. Whether Hopkins is entitled to compensation for its performance of various items of additional work that it claims were outside the scope of the contract;
III. Whether Hopkins is entitled to the unpaid balance of the contract, subject to deductions for specific instances of deficient or incomplete performance;
IV. Whether the Port is entitled to liquidated damages in the amount awarded;
V. Whether the Port is entitled to attorney fees.

STANDARD OF REVIEW

It is well settled that a court of appeal may not set aside a trial court’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989).

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Bluebook (online)
108 So. 3d 874, 2012 La.App. 4 Cir. 0167, 2013 WL 175001, 2013 La. App. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-bernard-port-harbor-terminal-district-v-guy-hopkins-construction-lactapp-2013.