Opinion
NO. 2016 CW 0037
04-21-2016
ROOFING SOLUTIONS, LLC v. LSU RESEARCH AND TECHNOLOGY FOUNDATION (FORMERLY LOUISIANA STATE UNIVERSITY SYSTEM RESEARCH AND TECHNOLOGY FOUNDATION) AND WOODROW WILSON CONSTRUCTION, L.L.C. (FORMERLY WOOD WILSON CONSTRUCTION COMPANY, INC.) CONSOLIDATED WITH LANECO CONSTRUCTION SYSTEMS, INC. v. LSU RESEARCH AND TECHNOLOGY FOUNDATION, ET AL CONSOLIDATED WITH LOUISIANA GLASS, INC. v. LSU RESEARCH AND TECHNOLOGY FOUNDATION, ET AL CONSOLIDATED WITH BERNHARD BROTHERS MECHANICAL CONTRACTORS, L.L.C. v. LSU RESEARCH AND TECHNOLOGY FOUNDATION, ET AL CONSOLIDATED WITH CORNERSTONE COMMERICAL FLOORING, LLC v. LSU RESEARCH AND TECHNOLOGY FOUNDATION, ET AL
In Re: Roofing Solutions, LLC, Laneco Construction Systems, Inc., Louisiana Glass, Inc., Bernhard Brothers Mechanical Contractors, LLC and Cornerstone Commercial Flooring, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 640593 c/w 640695 c/w 640758 c/w 640760 c/w 641444. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT GRANTED. After conducting a de novo review, we conclude there is no genuine issue of material fact that the Defendant, Woodrow Wilson Construction, Inc., has been afforded a reasonable time to pay its subcontractors under the "pay when paid" contract provision, and Plaintiffs, Roofing Solutions, LLC, Laneco Construction Systems, Inc., Louisiana Glass, Inc., Bernhard Brothers Mechanical Contractors, L.L.C., Cornerstone Commercial Flooring, LLC, are entitled to judgment as a matter of law. La. Code Civ. P. Art. 966(B)(2) (prior to the 2016 Amendment) . See also John F. Sanchez Plumbing Company, Inc. v. Aetna Casualty & Surety Company, 564 So. 2d 1302 (La. App. 1st Cir.), writ denied, 567 So.2d 1128 (La. 1990). See also Chartres Corp. v. Charles Carter & Co., Inc., 346 So.2d 796 (La. App. 1st Cir. 1977). Accordingly, we hereby grant the writ application and reverse the judgment of the trial court signed on January 6, 2016, which denied the motions for summary judgment. We hereby remand this matter to the district court for entry of judgment.
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT