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METRO BUILDERS HARDWARE v. BURKO CONST.

No. 93-CA-1970.

633 So.2d 838 (1994)

METRO BUILDERS HARDWARE, INC. v. BURKO CONSTRUCTION, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 25, 1994.

Attorney(s) appearing for the Case

Charles W. Nelson, Jr., New Orleans, for plaintiff-appellant.

H. Bruce Shreves, Jay H. Kern, Avis Marie Russell, Simon, Peragine, Smith & Redfearn, New Orleans, for defendants-appellees.

Before BARRY, CIACCIO and LANDRIEU, JJ.

BARRY, Judge.

The sole issue is whether LSA-R.S. 22:1220, which provides a penalty against insurers for failure to timely pay a claim, is applicable on a surety bond which was issued under the Louisiana Public Works Act. We conclude that the Louisiana Public Works Act is exclusive and affirm the denial of a penalty.

FACTS

Burko Construction, Inc. contracted with the Housing Authority of New Orleans (HANO) for a construction project. Metro Builders...

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