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STATE, DIV. OF ADMIN. v. INFINITY SURETY

No. 2010 CA 0123.

47 So.3d 647 (2010)

STATE of Louisiana, DIVISION OF ADMINISTRATION, OFFICE OF FACILITY PLANNING & CONTROL v. INFINITY SURETY AGENCY, L.L.C., Benetech, L.L.C., and JRDKS Construction, L.L.C., A Joint Venture, and Benetech, L.L.C.; and JRDKS Construction, L.L.C.

Court of Appeal of Louisiana, First Circuit.

September 10, 2010.

Attorney(s) appearing for the Case

Pamela Miller Perkins , Jason Adam Bonaventure , Evan Marshall Alvarez , Baton Rouge, Louisiana, for Plaintiff/Appellant, Division of Administration, Office of Facility and Control, State of Louisiana.

Taylor S. Carroll , Alexander J. Mijalis , Baton Rouge, Louisiana, for Defendant/Appellee, Infinity Surety Agency, L.L.C.

Jonathan P. Lemann , Claire E. Easterling , Robert E. Couhig, Jr. , Gary J. Rouse , New Orleans, Louisiana, for Defendants/Appellees, Benetech, L.L.C. and JRDKS Construction, L.L.C, A Joint Venture and Benetech, L.L.C.

Before KUHN, PETTIGREW JJ., and KLINE, J., pro tempore.

KLINE, J.

The matter involves whether damages can be assessed when a bid bond for a public works contract was issued by an unauthorized surety company. The issue on appeal is whether the trial court erred in ruling that the contractor and its surety were not liable for damages when the submitted bid for a Louisiana Public Works Act (LPWA) contract included a bid bond issued by a company not authorized under La. R.S. 38:2219. Here, the trial court granted the exceptions...

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