Opinion

Lamar Contractors, Inc. v. Kacco, Inc.

  • 189 So. 3d 394
  • 2016 La. LEXIS 1064
  • 2016 WL 2337957
Court
Supreme Court of Louisiana
Filed
May 3, 2016
Status
Published
Author
Crichton
On the bench
Crichton, Johnson
Cited by
14 cases

finding that an obligor cannot establish that an obligee has contributed to the obligor’s failure to perform unless the obligor can prove the obligee itself failed to perform duties owed under the contract

How later courts described this case

  • finding that an obligor cannot establish that an obligee has contributed to the obligor’s failure to perform unless the obligor can prove the obligee itself failed to perform duties owed under the contract
  • referring to its decisions in Board of Levee Com'rs of Orleans Levee Dist. v. Hulse , 167 La. 896 , 120 So. 589 , 590 (1929) and Favrot v. Favrot , 68 So. 3d 1099 , 1109 (La. Ct. App. 2011)

Written by the judges who cited it.

The opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

|TI agree with the per curiam opinion. I write separately to note that this holding is compelled, in my view, by the Civil Code dictate that “[c]ontracts have the effect of law for the parties.” La. C.C. art. 1983. Louisiana courts have never before imposed a theory of negligence upon a contractor where there has been no underlying finding of breach of contract. Because there was no such finding here, to hold otherwise would impose a new duty beyond the scope of the contract, which, in my view, this Court properly declines to do.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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