Livingston Parish Library System v. Brunt Construction, Inc. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LIVINGSTON PARISH LIBRARY 2020 CW 0132
SYSTEM PAGE 1 OF 2
VERSUS
BRUNT CONSTRUCTION, INC. ET AL
APR 2 8 2020
In Re: Livingston Parish Library System, applying for
21st Judicial District Court, Parish
supervisory writs,
of Livingston, No. 163585.
BEFORE: GUIDRY, MCDONALD, HIGGINBOTHAM, THERIOT, CHUTZ, JJ.
WRIT NOT CONSIDERED. Relator failed to provide a copy of the
pertinent court minutes in violation of Uniform Rules of Louisiana
Courts of Appeal, Rule 4- 5( C)( 10). Additionally, this court is
unable to address the merits of the relator' s writ application
without a copy of the transcript of the hearing on December 16,
2019, including identification of evidence admitted at the
hearing.
Supplementation of this writ application and/ or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.
In the event relators seek to file a new application with
this court, it must contain all pertinent documentation, including
documentation to show that the original writ application was
timely, the missing items noted above, and must comply with Uniform
Rules of Louisiana Courts of Appeal, Rule 2- 12. 2. Any new
application must be filed on or before May 29, 2020 and must
contain a copy of this ruling.
J 4G
TMH
MRT
McDonald and Chutz, JJ. dissent. The Livingston Parish
Library (" the Library") and Brunt Construction, Inc. (" Brunt")
agreed to arbitrate any claims arising out of Brunt' s construction
of the Denham Springs Walker Library Addition & Renovation (" the
project"). The Library and Cockfield Jackson Architects, APAC
CJA") agreed to arbitrate any claims arising out of CJA' s
architectural design and management of the project. The issue of
whether a party to an arbitration agreement has waived arbitration
is for the arbitrator to decide. International River Center v.
Johns -Manville Sales Corp., 2002- 3060, p. 3( La. 12/ 3/ 03), 861
So. 2d 139, 142; Arkel Constructors, Inc. v. Duplantier & Meric,
Architects, L. L. C., 2006- 1950 ( La. App. 1st Cir. 7/ 25/ 07), 965
So. 2d 455, 461. Additionally, by incorporating the American
Arbitration Association' s Construction Industry Arbitration Rules
into the subject arbitration agreements, the parties agreed that
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
APR 2 8 2020
2020 CW 0132
PAGE 2 OF 2
t] he arbitrator shall have the power to rule on his or her own
jurisdiction, including any objections with respect to the
existence, scope, or
validity of the arbitration
agreement." See Fla. Gas Transmission Company, LLC v. Texas Brine
Company, LLC, 2017- 0304 ( La. App. 1st Cir. 12/ 6/ 1. 8), 267 So. 3d
633, 637, reh' g denied ( Jan. 25, 2019), writ denied, 2019- 0333
La. 6/ 26/ 19), 275 So. 3d 876; Jasper Contractors, Inc. v. E-
Claim. com, LLC, 2011- 0978 ( La. App. 1st Cir. 5/ 4/ 12), 94 So. 3d
123, 134. Accordingly, we would grant the Library' s motion to
stay as to its claims against Brunt, The Gray Casualty & Surety
Company, CJA, XL Specialty Insurance Forge
Company, Valley
Insurance Company, and Transportation Insurance Company pending
arbitration of these claims.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CL RK OF COURT
FOR THE COURT