Gerald A. Melchiode and Ben Pri-Tal prevail on summary judgment in a construction delay claim on behalf of a subcontractor on a Coastal Protection and Restoration Authority (“CPRA”) public works project.
The court found that the general contractor’s surety was solidarily liable per La. R.S. 38:2241(A)(2) for the increased cost of construction proven at trial by the subcontractor and the surety’s exposure was not limited to the unexpended funds held by the public entity. The surety may be sued directly by the subcontractor per La. R.S. 38:2247 and the surety is liable for the costs of additional work per the statutory bond required under the Public Works Act.
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