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JAMES CONST. v. STATE EX REL. DOTD

No. 2007 CA 0225.

977 So.2d 989 (2007)

JAMES CONSTRUCTION GROUP, L.L.C. F/K/A Angelo Iafrate Construction, L.L.C. v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

November 2, 2007.

Attorney(s) appearing for the Case

Eric A. Kracht, George P. Vourvoulias, Baton Rouge, LA, for Plaintiff/Appellant, James Construction Group, L.L.C. F/K/A Infrate Construction, L.L.C.

Timothy Strohschein, Baton Rouge, LA, for Defendant/Appellee, State of Louisiana, through the Department of Transportation and Development.

Before WHIPPLE, GUIDRY, and HUGHES, JJ.

GUIDRY, J.

In this suit to recover $420,000 withheld as stipulated damages for untimely completion of a highway construction project, plaintiff appeals a partial summary judgment granted in favor of the defendant. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The State of Louisiana, through the Department of Transportation and Development (DOTD), awarded a construction contract to JCG Construction Group, L.L.C. (JCG) for a road...

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