Taylor v. Burton

708 So. 2d 531, 1998 WL 100391
CourtLouisiana Court of Appeal
DecidedMarch 6, 1998
Docket97-1348
StatusPublished
Cited by9 cases

This text of 708 So. 2d 531 (Taylor v. Burton) 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
Taylor v. Burton, 708 So. 2d 531, 1998 WL 100391 (La. Ct. App. 1998).

Opinion

708 So.2d 531 (1998)

Ken and Penny TAYLOR, Plaintiffs-Appellees,
v.
Tom BURTON and Charles Burton, d/b/a B & B Holmes, Defendants-Appellants.

No. 97-1348.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1998.

*532 David LeRoy Hoskins, Lake Charles, for Ken and Penny Taylor.

Jack W. Caskey, Lake Charles, for Tom Burton and Charles Burton d/b/a B & B Holmes.

Before DOUCET, C.J., and COOKS and WOODARD, JJ.

DOUCET, Chief Judge.

Defendants appeal a net judgment of $19,300.15[1], awarded to Plaintiffs in connection with a dispute over the construction of a house Plaintiffs had, at least, partially built by Defendants. We affirm the judgment of the trial court.

FACTS

On July 29, 1993, Plaintiffs, Ken and Penelope (Penny) Taylor, accepted a proposal from Defendants, two brothers, Tom and Charles Burton, d/b/a B & B Homes, for the construction of a new house on Caesar's Court in Moss Bluff.

Sometime after the completion of the house, Plaintiffs noticed a number of defects in its construction. Plaintiffs' major complaint involved a structural defect, a sagging garage beam which spanned a distance of some thirty-three feet. The beam had originally been suspended from the roof frame by a number of "W" braces. The braces pulled loose and the beam sagged. Tom Burton testified that he had warned the Plaintiffs that a laminated beam was needed for the thirty-three foot span, but Plaintiffs refused to pay the approximate $900.00 cost for this type of beam, so he went with the next best thing. Plaintiffs denied ever being consulted about such a beam. Both parties agreed that Plaintiffs did not want a post to support the span.

The second major area of contention involved the interior of the house. Plaintiffs complained of misaligned doors, ill-fitting molding and unsatisfactory floating of some sheetrock, i.e., cracking. Defendants admitted liability for some of these defects, but claimed subcontractors were responsible for others.

The third major group of complaints centered on vinyl work on the exterior of Plaintiffs' house. They complained of misaligned and wavy soffit and fascia installation and the use of mortar rather than "J" molding where the vinyl abutted the brick. Defendants argued that, as in the case of the laminated beam, Plaintiffs refused to pay for "J" channel molding and chose inexpensive vinyl, which added to their problems.

The other defect, which had already been repaired via an insurance claim, was for damages *533 occasioned by a nail being driven through a baseboard into a hot water pipe. At the opening of the trial, all parties stipulated that State Farm Fire and Casualty Company was due $1,792.12 of the $2,2292.12 cost of the repairs necessitated by the punctured pipe.

Finally, Plaintiffs sought nonpecuniary damages for aggravation, embarrassment and mental distress.

Mr. Russell Stutes, a licensed general contractor, testified as a construction expert for Plaintiffs at trial. He went over the defects in detail and arrived at the following figures as the costs to make the various repairs necessitated by the defects:

Structural defect(s)                 $7,500.00
Vinyl, soffit and fascia defects     $7,000.00 and
Interior defects                     $2,500.00

Defendants noted that Plaintiffs had received much lower bids to repair the same defects from John L. Hartman Contractors, Inc. However, Mr. Hartman was not called to testify by either side at trial.

Both Ken and Penny Taylor testified that this was the first house the couple had built. They stated that the house in which they had been living was cramped, and they had been looking forward to entertaining family and friends in their new house. They further stated that their children were also looking forward to having get-togethers at the new house with their friends. The Taylors also testified that because of the obvious defects they were embarrassed to have friends over. Penny Taylor stated that the day the garage ceiling sagged, a scheduled family function had to be canceled because they were afraid of possible danger to family members.

LAW AND DISCUSSION

The proposal executed July 29, 1993, which is the linchpin of this case, is made up of two pages. Page one reads as follows:

New residence constructed on owners' lot in
____________.
All # 2 or better building materials on 30.00 # concrete
 slab.
Allowances:
    Flooring—      $16.00 / yd.
    Lighting—      $700.00
    Appliances—    $1100.00
 Cabinet doors and hardware per owners spec—standard.
                         Total Sq. ft.3435
                         Total Price $113,355.00
Driveway included.

Page two of the proposal states the following:

Carpenter labor to completion of new residence.
Includes forming, framing, roofing, cabinet, trim, and finish labor.
Also includes subcontract contracts for all needed items to complete the turnkey job on an advantageous to the owner basis.
Price per square foot is $7.10 on total slab area.
Driveway and patio will be included on bid but not on total area.

The question before the trial court was whether the proposal indicated B & B was acting as the general contractor for the project or whether B & B was merely a carpentry contractor. Plaintiffs argued B & B was acting as their general contractor on a turnkey project and, thus, was liable for all defects in workmanship. B & B argued that it had only contracted to do carpentry work and that the sentence "Also includes subcontract contracts for all needed items to complete the turnkey job on an advantageous to the owner basis" was included because B & B agreed to help Plaintiffs find the necessary subcontractors to complete the house to a turnkey status.

The law concerning the interpretation of contracts is well settled in Louisiana. In Adams v. Franchise Finance Corp. of America, 96-855, p. 8 (La.App. 3 Cir. 2/5/97); 689 So.2d 572, 576, writ denied, 97-0604 (La.4/18/97); 692 So.2d 456, this court stated:

The interpretation of a contract is the determination of the common intent of the parties. La.Civ.Code art. 2045. When the words of the contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made by the courts in search of the parties' intent. La. Civ.Code art. 2046. When the language of a contract is clear and unambiguous, a court must interpret the contract solely by reference to the four corners of the document. Woolf & Magee v. Hughes, 95-863 (La.App. 3 Cir. 12/6/95); 666 So.2d 1128, writ denied, 96-0073 (La.3/15/96); 669 So.2d 427. "The contract is the law between the parties, and no further interpretation may be made in search of the parties' intent when the words of the contract are clear, explicit and lead to no *534 absurd consequences." Id. at p. 5; at 1131. Whether the terms of a contract are ambiguous is a question of law. Borden Inc. v. Gulf States Utilities Co., 543 So.2d 924 (La.App. 1 Cir.), writ denied, 545 So.2d 1041 (La.1989).

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Cite This Page — Counsel Stack

Bluebook (online)
708 So. 2d 531, 1998 WL 100391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-burton-lactapp-1998.