105 So. 3d 1036
La. Ct. App.2012Background
- Thompson, owner of Cypress Bend Investments, contracted for electrical work on an RV park project; Tri-Parish supplied electrical materials.
- Tri-Parish provided pricing via two faxes; the total quoted price was contested as a complete job price or partial estimate.
- Thompson authorized the electrician to order needed materials without a complete list; invoices followed specific items delivered.
- Cypress Bend paid many invoices but withheld a final balance, claiming a fixed-price quote for the entire job.
- Tri-Parish sued to enforce a lien and recover the open-account balance; trial court awarded balance plus attorney fees.
- On appeal, Cypress Bend argues lack of open-account formation and seeks reversal or different fee awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a valid open account existed for pricing Cypress Bend. | Tri-Parish asserts ongoing, open-account billing with future modifications. | Cypress Bend contends pricing was a fixed total, not open-ended. | Open account properly found; not manifestly erroneous. |
| Whether the contract was for a fixed price of $90,365.75. | Tri-Parish argues the bid amounted to a complete offer for all materials. | Cypress Bend contends the price was a fixed total, not open-ended. | Trial court correctly determined an open account, not fixed-price. |
| Attorney fees entitlement under LA law. | Tri-Parish entitled to fees under La.R.S. 9:2781 as the prevailing party in an open account. | Cypress Bend argues the fee award was improper or excessive. | LA 9:2781 applies; $25,000 affirmed; additional $5,000 on appeal awarded. |
Key Cases Cited
- Gen. Elec. Co. v. La. Elec. Supply, 460 So.2d 34 (La.App. 1 Cir. 1984) (open account burden-shifting framework)
- Tyler v. Haynes, 760 So.2d 559 (La.App. 3 Cir. 2000) (open account defined; services over time)
- L.G.W., Inc. v. Redmann, 496 So.2d 384 (La.App. 4 Cir. 1986) (contrast with fixed-price contracts)
- Huddleston v. Bossier Bank & Trust Co., 475 So.2d 1082 (La. 1985) (attorney-fee recovery rules under open-account theory)
- State, Dep’t. of Transp. & Dev. v. Wagner, 38 So.3d 240 (La. 2010) (attorney-fee award standards in administrative-litigation context)
- McFadden v. Import One, Inc., 56 So.3d 1212 (La.App. 3 Cir. 2011) (condition for appellate-award of fees)