Legal Opinion
Shaw Constructors, Cross-Appellee v. Icf Kaiser Engineers, Inc., Pcs Nitrogen Fertilizer, L.P.
Court of Appeals for the Fifth Circuit
Decided December 30, 2004No. 02-30183PublishedCited by 161 opinions
1Opinion of the Court
DENNIS, Circuit Judge:
This is an action based on the Louisiana Private Works Act that requires the interpretation and application of the Louisiana Civil Code articles in the chapters on Third Party Beneficiary and Dissolution of Contracts.
A subcontractor performed its part of the work in constructing a $38 million Nitric Acid Facility for the owner of an industrial plant. In the subcontract with the general contractor, the subcontractor “agrees to and does waive” its right to file claims or liens against the owner’s property. When the general contractor materially breached its primary…
2Cases cited50 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Stephanie Walker Nyree Preston v. Cheryl Thompson Don Kingston Glasfloss Industries, Inc.Court of Appeals for the Fifth Circuit · 2000
- Steptore v. Masco Const. Co., Inc.Supreme Court of Louisiana · 1994
- Vela v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
45 more not listed; retrieve them via the Exa API.
3Cited by161 opinions
- American International Specialty Lines Insurance v. Rentech Steel, L.L.C.Court of Appeals for the Fifth Circuit · 2010
- Morgan v. Plano Independent School DistrictCourt of Appeals for the Fifth Circuit · 2009
- Firefighters' Ret. Sys. v. EisnerAmper, L.L.P.Court of Appeals for the Fifth Circuit · 2018
- Cedyco Corp. v. PetroQuest Energy, LLCCourt of Appeals for the Fifth Circuit · 2007
- National Press v. McCrawCourt of Appeals for the Fifth Circuit · 2024
156 more not listed; retrieve them via the Exa API.