Legal Opinion

Foster Construction, Inc. v. Town of Richwood

Louisiana Court of Appeal

Decided June 26, 2013No. 48,171-CAPublishedCited by 3 opinions

1Opinion of the CourtStewart, J.

_JjAt issue is whether the plaintiff, Foster Construction, Inc. (“Foster”), is entitled to a writ of mandamus as authorized by La. R.S. 38:2191(D) to compel the Town of Richwood (“Richwood”) to pay the final balance due on a contract for the construction of a multipurpose building. Because the record does not show any appropriation by Richwood for the award or execution of the contract, we affirm the trial court’s judgment denying Foster’s rule for mandamus relief.

FACTS

On August 4, 2011, Foster sued Rich-wood to obtain payment of $49,174.28, the balance due, referred to as the retainage,…

2Cases cited5 opinions

  1. Hoag v. StateSupreme Court of Louisiana · 2004
  2. Newman Marchive Partnership, Inc. v. City of ShreveportSupreme Court of Louisiana · 2008
  3. Burks v. Christus Health MonroeLouisiana Court of Appeal · 2005
  4. Lambert v. LaBruyereLouisiana Court of Appeal · 1963
  5. In re Appeal of the Decision of the Disciplinary Board No. 2010-Admin-1268Supreme Court of Louisiana · 2011

3Cited by3 opinions

  1. St. Bernard Port, Harbor & Terminal District v. Guy Hopkins Construction Co.Louisiana Court of Appeal · 2017
  2. Couvillion Group, LLC v. Plaquemines Parish GovernmentLouisiana Court of Appeal · 2026
  3. Wallace C. Drennan, Inc. Versus Timothy P. Kerner, in His Capacity as Mayor of the Town of Lafitte and the Town of LafitteLouisiana Court of Appeal · 2024

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