Skyline Construction, L.L.C. v. Charlene Geraci

Supplemental Memorandum Supporting Motion for Summary Judgment


Is a construction contract an open account? That is the question.

In the fall of 2008, the Louisiana Supreme Court decided Frey Plumbing Co. Inc. v. Foster, which dealt with the issue of whether an agreement between a plumber and a homeowner was a "construction contract" not subject to the open account statute...or an "open account."

The Supreme Court overruled a line of cases that seth forth a balancing test to determine whether a contract was an open account. The determination of whether the Frey contract was an open account or not, however, is still being determined.

In this case, the Defendant seeks summary judgment stating that the account is a contract and not an open account. After argument, the court asked the parties to submit a memorandum on the Frey decision and how it applies to this contract (lump sum agreement between general contractor and owner).

This is the Defendant's Memorandum Re: Frey.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | 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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