US Court of Appeals for the Fifth Circuit Opinions
84 Lumber Co. v. Continental Casualty Co.
Opinion Date: January 24, 2019
Judge: Jacques Loeb Wiener, Jr.
Areas of Law: Civil Procedure
Neither sending notice by email nor sending it to a general contractor's lawyer satisfies LA. REV. STAT. 2247's unambiguous requirements that (1) notice be sent by registered or certified mail (2) to the general contractor at any place in Louisiana that it maintains an office. In this case, 84 Lumber filed two sworn statements of claim under the Louisiana Public Works Act (LPWA), alleging that Paschen and J & A failed to pay for its work on those projects. The Fifth Circuit affirmed the district court's judgment and held that 84 Lumber's notice did not comply with the LPWA's notice requirements, and that the evidence established only that the notice was sent but did not establish that it was received.
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