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QUALITY DESIGN v. CITY OF GONZALES

No. 2006 CA 2211.

977 So.2d 87 (2007)

QUALITY DESIGN AND CONSTRUCTION, INC. v. CITY OF GONZALES Through Its Duly Elected Mayor, Johnny BERTHELOT.

Court of Appeal of Louisiana, First Circuit.

November 28, 2007.

Attorney(s) appearing for the Case

Rick A. Alessi, Christian T. Avery, Gonzales, LA, and Joseph C. Wiley, Baton Rouge, LA, for Plaintiff-Appellant Quality Design And Construction, Inc.

Robert Ryland Percy, III, Katherine Tess Percy, Gordon Dallon Bush, II, Gonzales, LA, For Defendant-Appellee City of Gonzales.

Before CARTER, C.J., PETTIGREW, and WELCH, JJ.

PETTIGREW, J.

The instant appeal arises out of a public works construction contract in which appellant contractor was the successful low bidder on a municipal water park for children. A date for the substantial completion of the project was fixed, and when the project was not completed by the deadline, the city withheld payment on a portion of the contract as retainage.1

The contractor subsequently filed suit claiming that unforeseen...

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