Skyline Construction, L.L.C. v. Charlene Geraci
Supplemental Memorandum Supporting Motion for Summary Judgment
SUMMARY: 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.
DOCUMENT INFO
Doc Type:
Legal Memoranda: Motions for Summary Judgment/Adjudication
Filed: 4/15/2009
Legal Document Name:
Skyline Construction, L.L.C. v. Charlene Geraci
Supplemental Memorandum Supporting Motion for Summary Judgment
Case Number: 2008-16267
Jurisdiction: State, 5th Circuit, Louisiana
Legal System: United States
Construction Law
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