§ 39:1672.4 — Jurisdiction; actions in certain cases

Louisiana § 39:1672.4

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1672.4. Jurisdiction; actions in certain cases
A. The Nineteenth Judicial District Court, subject to appeal or review by the First
Circuit Court of Appeal or by the supreme court, as otherwise permitted in civil cases by law
and the state constitution, shall have only appellate jurisdiction over any claims arising out
of a request for proposal or award of a contract, any controversies involving the state, or any
other matters in connection with a petition for review of a decision made pursuant to this
Chapter, following the exhaustion of administrative remedies as provided by law or
regulation. If the evidence, as reasonably interpreted, supports the commissioner's decision,
then the commissioner of administration's decision is given great weight and shall not be
reversed or modified in the absence of a clear showing that the decision was arbitrary or
capricious.
B. In any action by a contractor based upon any express or implied contract or breach
thereof, no action shall be maintained based upon any contract or any act of any state officer
which the officer is not authorized to make or do by the laws of this state, unless the
contractor, acting in good faith and without actual or constructive knowledge of the lack of
authorization, has commenced performance under the apparent contract. In that event, the
court may (1) cancel the contract and reimburse the contractor only for the actual expenses
incurred in performing the work already performed or (2) where the best interests of the state
require, allow the performance of the contract to continue.

Legislative History

Added by Acts 1978, No. 772, §1; Acts 2008, No. 878, §1, eff. July 9, 2008; Acts 2008, No. 917, §1, eff. July 11, 2008; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2025, No. 5, §1, eff. June 11, 2025.