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BYRON MONTZ, INC. v. CONCO CONSTR., INC.

No. 2002-CA-0195.

824 So.2d 498 (2002)

BYRON MONTZ, INC. v. CONCO CONSTRUCTION, INC. and Internal Medicine Specialist, Inc. (APC).

Court of Appeal of Louisiana, Fourth Circuit.

July 24, 2002.

Attorney(s) appearing for the Case

Wayne J. Jablonowski, Hulse & Wanek, APLC, New Orleans, LA, for Plaintiff/Appellant.

Peter S. Title, Michael A. Berenson, Sessions, Fishman & Nathan, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge WILLIAM H. BYRNES III, Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY).

PATRICIA RIVET MURRAY, Judge.

This is an action by a subcontractor against the owner to recover the balance due on the subcontract for work performed under a construction contract. The subcontractor failed to preserve its claim and privilege under the Private Works Act, La. R.S. 9:4801-55, by timely filing its statement of claim within the applicable sixty-day period under La. R.S. 9:4822(C). The issues presented by this appeal are whether the owner's failure to give...

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