UTLEY-JAMES OF LA., INC. v. STATE, DIV. OF ADMIN.

No. 94 CA 2504.

671 So.2d 473 (1995)

UTLEY-JAMES OF LOUISIANA, INC. v. STATE of Louisiana, DIVISION OF ADMINISTRATION, DEPARTMENT OF FACILITY PLANNING AND CONTROL.

Court of Appeal of Louisiana, First Circuit.

October 6, 1995.


Attorney(s) appearing for the Case

Steven B. Loeb and Murphy J. Foster, III, Baton Rouge, for Plaintiffs-Appellants, Aetna Cas. & Utley-James.

David A. Dalia, New Orleans, for Defendant-Appellee, State, Div. of Admin.

James Hrdlicka, Baton Rouge, for Defendant-Appellee, State Atty. General's Office.

Before SHORTESS, PARRO and KUHN, JJ.


SHORTESS, Judge.

On September 11, 1984, Utley-James of Louisiana, Inc. (Utley), entered into a contract with the State of Louisiana, Division of Administration (defendant), to construct a cell block and support facility at the Louisiana State Penitentiary at Angola, Louisiana. Aetna Casualty & Surety Company (Aetna) was surety for the project. Utley was 53 days late in completing the project. Defendant withheld $63,600.00 (53 days at $1,200.00 per day) in liquidated...

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