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Date: 12-22-2024

Case Style:

Ryan Gary and Rebecca Gary v. Hollier's Specialty Roofing, Inc.

Case Number: 2021-2262

Judge: Valerie Gotch Garrett

Court: Fiftheenth District Court, Lafayette Parish, Louisiana

Plaintiff's Attorney:


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Defendant's Attorney:


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Description: Lafayette, Louisiana breach of contract lawyers represented the parting in a contract dispute.

The Garys sustained extensive roof damage when Humcane Delta blew through Lafayette Parish on October 9, 2020. The following day, the Garys met with a representative from Hollier Roofing. During this meeting, the Garys and Hollier Roofing signed an agreement to fix the damage. The agreement also contained an addendum authorizing direct payments from the Garys’ insurer, Federal National Insurance Company, to Hollier Roofing.

A few weeks later, Hollier Roofing placed a temporary protective tarp over the damaged roof. The Garys then wrote a check to Hollier Roofing in the amount of $2,190.00, noting "tarp roofing" on the memo line.

In December 2020, Hollier Roofing submitted a claim for $5,588.88 to Federal National for the tarp work. The insurance company, in turn, mailed a check for this amount to the Garys. Thereafter, the Garys delivered this check to Hollier Roofing. But the Garys also delivered a second insurance check to Hollier Roofing. This check was drawn in the amount of $10,499.33 for roof repair.

Then, in late-January 2021, Hollier Roofing submitted a $21,234.04 estimate to Federal National for roof replacement. One month later, Hollier Roofing increased this estimate to $22,406.46, reflecting a price increase for materials. A few weeks after that, the Garys submitted a "proof of loss" prepared by Hollier 2Roofing in the same amount: $22,406.46. In response, Federal National approved an updated claim amount of $18,224.80.

By this time, however, the Garys were frustrated with Hollier Roofing: the placement of a temporary tarp was the only work that had been done, and Hollier Roofing had been paid $5,588.88 for that work. Yet Hollier Roofing was still holding an additional $12,689.13 that belonged to the Garys. And so, by late-April 2021, the Garys made a formal demand for the return of this money. Hollier Roofing ignored the demand, and the Garys filed suit on May 3, 2021. The Garys asserted various causes of action against Hollier Roofing, including a declaratory action as to the validity of the original agreement, unjust enrichment, and various claims under Louisiana’s Unfair Trade Practices Act (LUT-PA).

In response, on May 10, 2021, Hollier Roofing returned $6,043.47. However, Hollier Roofing refused to hand over the balance of $6,664.46, claiming that those funds were for service expenses, administrative fees, overhead costs, and profits that it would have realized had the Garys honored the written agreement. A short time later, Hollier Roofing filed an exception of prematurity.

The trial of the Garys’ declaratory action and Hollier Roofing’s dilatory exception was held in July 2021. After taking the matter under advisement, the trial court rendered judgment on March 4, 2022. In essence, the trial court found that the written agreement between the Garys and Hollier Roofing was invalid. The trial court also overruled the exception. This judgment was never appealed.

* * *

Legal issue Can a motion to amend a reconventional demand and answer be filed without leave of court under Louisiana law?
Headnote

CONTRACT LAW. BREACH OF CONTRACT. The case involves a dispute over the validity of a written agreement between the parties for roof repairs, where the trial court found the contract invalid, and one party's reconventional demand for breach was dismissed due to reliance on the invalidated contract.

CIVIL PROCEDURE. SUMMARY JUDGMENT. The appellate court reviewed the trial court’s decision to grant partial summary judgment for unjust enrichment, finding procedural errors regarding the authentication of evidentiary documents.

CIVIL PROCEDURE. AMENDMENT OF PLEADINGS. The appeal addressed whether the trial court erred in preventing amendments to reconventional demands, reviewing the applicable procedural articles on amendment timelines and requirements.

CIVIL PROCEDURE. DISCOVERY. The court examined the appropriateness of compelled discovery related to claims under the Louisiana Unfair Trade Practices Act, focusing on whether certain interrogatories were relevant to the case-specific claims.

SANCTIONS. LOUISIANA CODE OF CIVIL PROCEDURE. The appeal discussed the trial court’s imposition of sanctions under La. Code Civ.P. art. 863, with the appellate court reviewing whether the certification of pleadings was unjustly penalized.

Key Phrases Reconventional demand. Motion for summary judgment. Unjust enrichment claim. Unfair Trade Practices Act. Motion to compel discovery.

Outcome: Affirmed in part, reversed in part and remanded.

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