§ 39:1678.1 — Damages

Louisiana § 39:1678.1

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1678.1. Damages
A. Damages recoverable by any aggrieved person in any action brought pursuant to
the provisions of R.S. 39:1671 or otherwise asserted at law, shall be limited exclusively to
reasonable costs incurred in connection with the solicitation including bid preparation costs
other than attorney fees.
B. Except as provided in Subsection E of this Section and R.S. 39:1678(1), damages
recoverable by any contractor under any contract entered into pursuant to the provisions of
this Chapter, shall be limited exclusively to the actual expenses reasonably incurred in
performance of the contract.
C. The provisions of R.S. 49:980 shall not apply to actions instituted pursuant to the
provisions of this Chapter.
D. Any administrative determination of costs or expenses recoverable by a contractor
or aggrieved person under Subsections A and B of this Section shall be subject to the written
concurrence of the attorney general.
E. In no event shall damages awarded by the chief procurement officer, his designee,
any hearing officer or any court include attorney's fees or any incidental, indirect, special, or
consequential damages, including but not limited to loss of use, revenue or profit whether
reasonably certain or not.

Legislative History

Acts 1988, No. 961, §1; Acts 2006, No. 96, §1, eff. July 1, 2006; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.