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WEILL CONST. CO., INC. v. THIBODEAUX

No. 85-886.

491 So.2d 166 (1986)

WEILL CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. Maxie McDaniel THIBODEAUX d/b/a Skater's Playground, Inc., Mestayer, Darby & Partner, St. Paul Fire & Marine Insurance Company, Beaullieu & Associates, Inc. & American Motorists Insurance Company, Defendant-Appellant Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Durio, McGoffin & Stagg, Steven G. Durio and William W. Stagg, Lafayette, for defendants-appellants.

Onebane & Associates, Douglas C. Longman, Jr., Lafayette, for defendants-appellees.

Domengeaux & Wright, Bob F. Wright and Charles Ponder, III, Lafayette, for plaintiff-appellee.

William Schuette, Jr., and John Dugas, of Franklin, Moore & Walsh, Baton Rouge, Pugh & Boudreaux, Charles J. Boudreaux, Sr., Lafayette, for defendants-appellees.

Before LABORDE and KING, JJ., and PAVY, J. Pro Tem.

LABORDE, Judge.

This suit arises from the alleged faulty design, supervision, and construction of a skating facility in Lafayette, Louisiana. The contractor, Weill Construction Co., Inc. (Weill, Inc.) demanded payment of the retainage ($35,480.00) upon completion of the contract. The owners, Skater's Playground, Inc. and Maxie McDaniel Thibodeaux (Skater's), withheld this amount as compensation for the alleged defects found...

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