FRILOT PREVAILS IN EDLA BENCH TRIAL

Frilot   attorneys, led  by Danica Denny, represented Couvillion Group, LLC (“Couvillion”) in a civil action against Quality First Construction LLC d/b/a Quality First Marine (“QFM”) for sums owed to Couvillion based   on   breach of contract, unjust enrichment, detrimental reliance and Louisiana’s open account statute, La. Rev. Stat. § 9:2781(A).  The case was tried without a jury before United States District Judge Wendy B. Vitter, who recently found that  

(1)   the relevant   Subcontract   Agreement   (“Subcontract”)   was   a   valid   written   contract between the parties;

(2) the Subcontract was modified by an oral contract between Couvillion and QFM; 

(3)   Couvillion fully performed under thevSubcontract;  

(4)   QFM  accepted and benefited from the services and equipment provided by Couvillion;

(5) QFM’s non-payment for the services and  equipment  provided by  Couvillion constituted a breach of  the  terms of  the contract; and

(6) Couvillion sustained damages as a result of QFM’s breach of the contract.

Judge Vitter entered judgment in favor of Couvillion and against QFM, finding that QFM was liable to Couvillion for the full amount owed for the work performed by Couvillion, plus taxable costs and prejudgment and post-judgment interest, as well as attorneys’ fees under La. Rev. Stat.§ 9:2781(A).

Background: In January 2017, QFM contracted with the United States Army Corps of Engineers for a project known as the Caernarvon  Sector  Gate Project  (“the  Project”) in   St. Bernard Parish, Louisiana.   Couvillion submitted a Lump Sum Proposal/Day Rate Proposal to QFM, wherein Couvillion proposed that it could provide certain equipment/personnel to QFM for the Project.   QFM entered into a Subcontract with Couvillion, wherein Couvillion would “furnish all labor, equipment, supplies and material for performing all operations necessary for installing,   dewatering,   monitoring,   rewatering   and   removing   dewatering   components  for  the Hydraulic Steel Structure.”  As a result of project delays unrelated to Couvillion’s work, QFM requested that   Couvillion provide additional equipment and services to   QFM.    

Pursuant   to QFM’s request, Couvillion provided QFM with extended use of its vessel and extra work and labor.  Despite accepting and benefiting from Couvillion’s work, QFM refused to pay Couvillion for the equipment provided and services rendered by Couvillion.