Fourth Circuit Ruling Expands Attorneys’ Fee Rights for Louisiana Contractors in Public Works Disputes
Authors: Christopher K. LeMieux and Jennifer Mura
The Fourth Circuit’s recent decision in Couvillion Group, LLC v. Plaquemines Parish Government highlights the ability for contractors to obtain attorneys’ fees against public owners in ordinary proceedings. Previously, it was generally understood that a contractor would have to file a mandamus (summary proceeding) under La. R.S. 38:2191, the statute governing prompt payment and mandamus relief on public works projects, to obtain attorneys’ fees on an underlying payment dispute claim.
In Couvillion, the contractor sought damages after significant owner‑caused delays on the Port Eads reconstruction project. The Parish countered with a liquidated damages claim. Although Couvillion initially sought mandamus under §2191, it amended its suit to proceed as an ordinary action. After trial, the district court awarded Couvillion $2,782,724.31 in damages, plus attorneys’ fees, costs, and interest, and dismissed the Parish’s counterclaim.
On appeal, the Fourth Circuit affirmed most of the judgment and amended the commencement of legal interest to run from substantial completion. Because the case proceeded as an ordinary action, the court treated the Parish’s arguments about mandamus procedure and §2191(D) as irrelevant. Importantly, however, the court upheld attorneys’ fees under §38:2191(B), concluding that delay damages were contractual obligations and that the Parish lacked cause to withhold payment.
This case is a very important one for contractors as it awarded attorneys’ fees against a public entity for delay claims in an ordinary proceeding. Thus, under the ruling in Couvillion, contractors are no longer required to institute a mandamus proceeding to obtain attorneys’ fees under §2191, but may instead institute an ordinary proceeding to obtain attorneys’ fees, including on claims, as opposed to merely approved contract balances.
