Nu-Lite Electrical Wholesalers, Inc. v. Baha Towers Ltd. Partnership
Docket: No. 99-CA-1703
Court: Louisiana Court of Appeal; April 12, 2000; Louisiana; State Appellate Court
Nu-Lite Electrical Wholesalers, Inc. supplied materials to Pelren Electric Company, which was contracted by Bahar Development, Inc. and Baha Towers Limited Partnership (collectively "Baha") for work at Plaza Towers, New Orleans. A dispute arose over non-payment, leading Nu-Lite to file a lien under the Louisiana Private Works Act. Baha contested the lien, claiming Pelren had indicated that payments were made and that some materials were not delivered.
Nu-Lite sued Baha, who attempted to bring Pelren into the case but could not serve him until the trial date. During the trial, Nu-Lite presented unpaid invoices and delivery tickets, alongside testimonies confirming the materials were used in the project. The court ruled in favor of Nu-Lite for $17,127.82 but did not grant interest, court costs, or recognize the lien, prompting Nu-Lite to appeal.
The court found that Nu-Lite did not file a lis pendens, which is necessary to preserve a lien claim unless a sheriff's sale occurs within a year of recordation, as established in *Tharpe v. Arnott Corp.* Additionally, the defendants were misled by Pelren's false lien waivers, creating uncertainty about their payment obligations, which justified the trial court's decision not to award interest. The court also referenced Louisiana Code of Civil Procedure Article 1921, which allows discretion regarding the awarding of costs, affirming the trial court's decision not to impose costs on the defendants due to the circumstances.
The judgment of the trial court was affirmed, and one invoice for $64.10 was disallowed. Notably, part of the building is owned by Pinnacle Towers, Inc., which was not included in the lawsuit.
