Won Suk Lee v. Holyfield Construction, Inc.
93 So. 3d 868
La. Ct. App.2012Background
- Lees contracted December 2005 with Holyfield to build a customized 5,484 sq ft (7,600 sq ft under roof) house in West Monroe for about $1.13 million, with completion planned for November 30, 2006.
- Final contract price rose to about $1.3 million due to numerous change orders; delay attributed to unusually wet weather by Holyfield.
- Lees moved in April 4, 2007; soon noticed musty odor and mold; 44-item punch list developed after inspections by engineers and inspectors.
- Lees vacated the home September 14, 2007; NHWA claim filed November 2007; Holyfield conceded some defects but offered repairs.
- Trial in November 2010; experts differed on repair costs; Lees claimed $525,000+; Holyfield estimated $47,500; jury found 250,000 in repair/replacement under NHWA, net of a balance, and denied delay damages.
- District court later awarded post-trial expert fees and costs; one evidentiary ruling excluded late-brick removal testimony; appeal challenged this ruling and delay damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of late-brick removal evidence | Lees contend removal of bricks revealed new defects; timing justified to locate cause. | Holyfield argues late disclosure and risk of trial by ambush; ruling valid under 403 and discretionary review. | No abuse of discretion; exclusion affirmed. |
| entitlement to delay damages under NHWA | Lees assert 125-day delay warrants damages; change orders and weather excuses delay; adds interest. | Holyfield asserts no proven damages for delay; jury could view progress impeded by Lees’s involvement and weather; delay damages denied is not clearly wrong. | Judgment affirming no delay damages upheld. |
Key Cases Cited
- Medine v. Roniger, 879 So.2d 706 (La. 2004) (trial court wide discretion on evidentiary rulings; substantial rights test)
- Hays v. Christus Schumpert, 72 So.3d 955 (La.App. 2 Cir. 2011) (no reversal for evidentiary error without substantial impact)
- Cosman v. Cabrera, 28 So.3d 1075 (La.App. 1 Cir. 2009) (damages for delay and undue hardship; standards for reviewing delay damages)
- Davis v. Tillman, 370 So.2d 1323 (La.App. 2 Cir. 1979) (excessive rainfall as excuse for delay in performance)
- King Bros. Bldg. Contractors v. McCullen, 393 So.2d 413 (La.App. 1 Cir. 1980) (change orders can excuse delay)
- Thorn v. Caskey, 745 So.2d 653 (La.App. 2 Cir. 1999) (limited liability NHWA context; completion status pertinent to liability)