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LIGHTING, INC. v. TRANS-GULF CONSTRUCTION CO., INC.

No. 6601.

307 So.2d 646 (1975)

LIGHTING, INC. v. TRANS-GULF CONSTRUCTION CO., INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 13, 1975.

Writ Granted April 18, 1975.

Attorney(s) appearing for the Case

Trudy H. Oppenheim, Garon, Brener & McNeely, New Orleans, for plaintiff-appellee.

Herschel L. Abbott, Jr., Roy C. Cheatwood, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant-appellant.

Before REDMANN, BOUTALL and BEER, JJ.

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...

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