Rigid Constructors

Full title: RIGID CONSTRUCTORS, LLC v. ELA GROUP, INC., ET AL.

Court: United States District Court, Middle District of Louisiana

Date published: Sep 22, 2022

Facts

In December 2019 Plaintiff Rigid Constructors, LLC contracted with Defendant ELA Group, Inc. to provide sidewalk improvements at the Louisiana National Cemetery, a federally funded project. Immediately thereafter, Plaintiff unilaterally subcontracted the entirety of its work to another construction company, in violation of an express contracted term requiring ELA Group’s written consent before any subcontract. ELA Group then attempted to rescind the contract, and refused payment of $124,100 to Plaintiff, citing Plaintiff’s subcontract and Plaintiff’s failure to pay its subcontractor.

In October 2020, Plaintiff sued ELA Group and its surety, Defendant United Fire and Casualty Company (collectively, “Defendants”), seeking to recover the $124,100 allegedly due under the contract.

Issue

Decision

Accordingly, IT IS ORDERED that Plaintiff’s Motion for Summary Judgment (Doc. 12) is be and is hereby DENIED.

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