08 February 2012

city of alexandria, la. loses appeal in coughlin saunders performing arts center leak scandal

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FACTS AND PROCEDURAL HISTORY
This suit involves the design and construction of the Coughlin Saunders Performing Arts Center (hereafter the Center) located in Alexandria, Louisiana, which opened in August of 2004.

On June 29, 2009, the City of Alexandria filed suit against Ratcliffe Construction Company, LLC, who built the Center.

Also named as defendants were the architects of the Center, Ashe Broussard Weinzettle Architects, LLP and Witsell Evans & Rasco, PA (hereafter the Architects).

The City alleged that subsequent to the Center‟s completion, it “sustained rainwater intrusion in several locations, through its masonry wall systems.”

The City contended the rainwater intrusion and corresponding damage was the direct result of the defective workmanship of Ratcliffe Construction and the negligent design of the Architects.
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The City failed to show cause by failing to meet its burden of establishing it could satisfy its evidentiary burden at trial.

Thus, the trial court's grant of summary judgment was not premature.


DECREE

For the foregoing reasons, the judgment of the trial court granting the Architects‟ Motion for Summary Judgment is affirmed.

Costs of this appeal are assessed to appellant, the City of Alexandria.


AFFIRMED.

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