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FLOYD J. BREAUX PAINTING CONTRACTOR, INC. v. OUR LADY OF SACRED HEART CHURCH

No. 88-297.

546 So.2d 647 (1989)

FLOYD J. BREAUX PAINTING CONTRACTOR, INC., Plaintiff-Appellant, v. OUR LADY OF THE SACRED HEART CHURCH, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 28, 1989.

Attorney(s) appearing for the Case

Logan & Sallinger, Barry J. Sallinger, Lafayette, for plaintiff-appellant.

Vidrine & Wimberley, J. Lee Wimberley, Jr., Church Point, for defendant-appellee.

Before STOKER, YELVERTON and KNOLL, JJ.

YELVERTON, Judge.

Our Lady of the Sacred Heart Catholic Church entered into a contract with Beau Bassin Construction Company for the remodelling 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...

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