GILCHRIST CONSTRUCTION COMPANY, LLC VERSUS STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, 166 So. 3d 1045

Summary

HOLDINGS: [1]-Denying leave to file a supplemental answer under La. Code Civ. Proc. Ann. art. 1155, which precluded a jury trial request under La. Code Civ. Proc. Ann. art. 1733(C), was not error because the evidence presented at trial allowed the pleadings to be deemed enlarged under La. Code Civ. Proc. Ann. art. 1154 to encompass comparative fault and no other wholly new defense would have been asserted; [2]-To the extent a contractor incurred damages due to a delay caused in whole or in part by the public entity, La. Rev. Stat. Ann. § 38:2216(H) allowed recovery of those damages, irrespective of any contractual provisions to the contrary; [3]-Error in excluding part of an expert's testimony under La. Code Evid. Ann. art. 702 was harmless because other witnesses presented similar evidence; [4]-The contractor proved a delay and was entitled to some damages, but no home office overhead.