Lighting, Inc. v. Trans-Gulf Construction Co.

REDMANN, Judge.

The time for filing suit against a building contract surety runs from “the registry of acceptance of the work” (or default), La.R.S. 9:4814, subd. B. Effective acceptance may be made upon “substantial completion,” meaning completion “to the extent that the owner can use or occupy the works . . . for the use for which it was intended,” R.S. 9:4802.1.

This appeal by a surety argues that it is the claimant’s burden to prove that an acceptance was premature and therefore ineffective to start the limitative period. The surety seeks dismissal of the claimant’s suit because not filed…