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Supervising Contractors' Silence Constitutes Agreement To Changed Work

Monday, January 18, 2010 06:59 am


Workmanship - Equitable Estoppel

Miller Plastering, Inc. v. Amigo Building Corp. & Priola Construction Corp., 2009 La. App. 3 Cir. LEXIS 1710 (Oct. 7, 2009)

A sub took it upon itself to redo work to the owner?s satisfaction, but since the ultimate responsibility to please  he owner lay with the general contractor and another sub, they got stuck with the bill.

Miller Plastering, Inc. (Miller) performed sheet rock, plastering and acrylic wall coating work on a U.S. Army Corps of Engineers (Corps) barrack building at Fort Polk, Texas. After Miller completed the work, the Corps? inspector rejected it and demanded it be redone. Miller did so at substantial expense and then was unable to procure payment for the redo from either Priola Construction Corporation (Priola), the subcontractor that hired Miller, or the general contractor, Amigo Building Corporations (Amigo). Miller filed suit, and a trial court awarded Miller damages. Priola and Amigo appealed to no avail consider [...]

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