JACQUES LOSES ANOTHER LAWSUIT (2/8/2012)

On June 29, 2009, the City of Alexandria filed suit against Ratcliffe Construction Company, LLC, who built the Center and Ashe Broussard Weinzettle Architects, LLP and Witsell Evans & Rasco, PA (hereafter the Architects) for water leaks in the Coughlin Saunders Performing Arts Center.

The Architects filed its motion for summary judgment before Judge Donald T. Johnson and he granted it saying that it was "warranted in this matter because the City‟s own consultant and expert opined that the design of the Center was not defective". id. "The trial court further found the summary judgment was not premature, noting the Architects obtained an opinion letter from the City's expert stating that the design of the Center was not defective, and the City failed to produce any expert testimony and/or reports to the contrary." id. 

"The trial court also found the City could not recover attorney fees, because the contract did not provide for the recovery of attorney fees in this matter." id. 

The City appealed and the Louisiana Third Circuit Court of Appeal affirmed the trail court's ruling.

CITY OF ALEXANDRIA vs. RATCLIFFE CONSTRUCTION COMPANY, LLC, ASHE BROUSSARD WEINZETTE ARCHITECTS, LLP AND WITSELL EVANS & RASCO, P.A.

The Court of Appeal wrote that "Costs of this appeal are assessed to appellant, the City of Alexandria". id. 

Any first year law student knows that attorney fees can only be awarded if they are provided by statute or in a contract.

I also note that the City hired a Baton Rouge firm to represent it in this lawsuit when any local lawyer with construction law exeperience could have done so. For sure, any local lawyer could have also lost this lawsuit cheaper that the Baton Rouge law firm.

Alexandria Mayor Jacques Roy is really on a roll, given the smart attorney that he claims to be, with the loss of this lawsuit as well as those of his levee lawsuit, the Tiffany Sanders matter and Tommy Davenport's writ of mandamus for his legal fees.