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BOH BROS. CONST. CO., INC. v. CITY OF NEW ORLEANS

No. CA-5146.

499 So.2d 385 (1986)

BOH BROS. CONSTRUCTION COMPANY, INC. v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1986.

Attorney(s) appearing for the Case

Charles F. Seemann, Jr., Deutsch, Kerrigan & Stiles, New Orleans, for plaintiff-appellant.

Robin M. Giarrusso, Deputy City Atty., New Orleans, for defendant-appellee.

Robert L. Roland, Watson, Blanche, Wilson and Posner, Baton Rouge, for Associated General Contractors of Louisiana, Inc.

Before GULOTTA, LOBRANO and ARMSTRONG, JJ.

LOBRANO, Judge.

The sole issue of this appeal is whether the provisions of La.R.S. 38:2248 are applicable to public works contracts entered into by the City of New Orleans.

The pertinent facts are not in dispute. Boh Bros Construction Co. (Boh) as general contractor entered into several construction contracts with the City of New Orleans, eight of which exceed $500,000. Boh claims that the provisions of La.R.S. 38:2248, which require a retainage by the City...

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