# Lamar Contractors, Inc. v. Kacco, Inc.

> Supreme Court of Louisiana · May 3, 2016 · 189 So. 3d 394

URL: https://www.frixlaw.com/law-library/cases/9823047

## Case

- **Full name:** Lamar Contractors, Inc. v. Kacco, Inc.
- **Court:** Supreme Court of Louisiana
- **Decided:** May 3, 2016
- **Citations:** 189 So. 3d 394; 2016 La. LEXIS 1064; 2016 WL 2337957
- **Precedential status:** Published
- **Opinion:** Concurrence by Crichton
- **Judges:** Crichton, Johnson
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9823047

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9823047. Public record. Not legal advice.