Floyd J. Breaux Painting Contractor, Inc. v. Our Lady of Sacred Heart Church

YELVERTON, Judge.

Our Lady of the Sacred Heart Catholic Church entered into a contract with Beau Bassin Construction Company for the re-modelling of the church. A notice of contract was filed on June 14, 1985. Article 5 of the contract, entitled Progress Payments, contained the following:

9.3.1.1 In lieu of performance bond, Contractor shall prepare and submit to the architect an affidavit that, as of the date payment has been requested, all outstanding materials and labor suppliers and/or workmen have been paid and no one eligible for a labor or material lien on the project has any amounts…