Colin Rocke v. Clifford Coffman, Jr., et al

Trial Memorandum in Support of Petition for Mandamus To Remove Construction Lien


Plaintiff in this case is challenging the validity of a construction lien filed against his property. A Petition for Mandamus was filed as per La. Rev. Stat. 9:4833, and this document is the trial memorandum filed with the Court.

The trial memorandum provides the Court with the argument and legal citations relied upon by Plaintiff in its contention that the lien was improperly filed.

While Plaintiff originally argued that multiple defects in the lien existed, the Defendant has since amended the construction lien to remove many of these defects. Since the project is ongoing, the amendment was timely.

However, the Plaintiff still complains that the notice of contract was not filed as per R.S. 9:4811, and that regardless of any amendment, the contractor lost its right to file under the Private Works Act. Furthermore, Plaintiff argues that an unlicensed contractor cannot file a lien, and that it is entitled to the recovery of attorneys fees.

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Reference Info:State, 5th Circuit, Louisiana | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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