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Existing Building Codes Are Not Hidden Conditions

Monday, January 18, 2010 06:59 am


Extra Work - Site Condition

Bonvillain Builders, LLC v. Gentile,

2009 La. App. Lexis 1855 (Oct. 30, 2009)

A drainage system that needed to be updated to comply with building codes was not an unforeseen condition, so the contractor had to open its wallet " not the project owner. Charon E. Gentile, MD, hired Bonvillain Builders, LLC and Bonvillain Construction Company (together, Bonvillain) to build a medical office for $320,000. After initially approving a building permit for the office, Terrebonne Parish Planning Commission (the parish) issued a cease and desist order because the project plans did not meet the parish construction code?s drainage requirements. To comply with the construction code, Bonvillain prepared a drainage study, which revealed that the construction site required a new, pre-approved storm w [...]

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