CONSTRUCTION MATERIALS, INC. v. AMERICAN FIDELITY FIRE INS. CO.

No. 67151.

388 So.2d 365 (1980)

CONSTRUCTION MATERIALS, INC. v. AMERICAN FIDELITY FIRE INSURANCE COMPANY.

Supreme Court of Louisiana.

Rehearing Denied October 6, 1980.


Attorney(s) appearing for the Case

Andre C. Broussard, Hebert, Moss & Broussard, Baton Rouge, for plaintiff-applicant.

Paul H. Spaht, Kantrow, Spaht, Weaver & Walter, Baton Rouge, for defendants-respondents.


DENNIS, Justice.

The issue in this case is whether the Public Works Act, La.R.S. 38:2241 et seq., prohibits a surety company from obligating itself on a contractor's performance and payment bond to pay claims not covered under the act. The court of appeal reversed the trial court's judgment for the plaintiff material and equipment supplier, Construction Materials, Inc., against the defendant contractor and its surety, holding that "a public works bond can be neither...

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