Earth Services and Equipment, L.L.C. v. Evenstar, Inc., Eastover Realty, L.L.C., et al

Plaintiff Memorandum in Opposition to Defendant's Exceptions

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This suit involves a construction contract dispute between a general contractor and subcontractor, whereby the Plaintiff (subcontract) brought suit against the general contractor and the property owner for non-payment.

The general contract answered the petition by asserting exceptions of improper venue, improper cumulation of actions, lack of jurisdiction, no cause of action, and prematurity (arguing that pay when paid clause in construction contract preventing plaintiff from bringing suit until general received payment).

This memorandum was filed in response to those exceptions, and in opposition to them. It argues that the pay-when-paid provision under Louisiana law does not prevent a suit from being filed before payment is received from the owner, and specifically that the payment to subs under such clauses are still due "after a reasonable time."

In response to the improper cumulation and venue oriented exceptions, Plaintiff urges that venue is proper because the parties were operating under one contract.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 5th Circuit, Louisiana | United States


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