![]() Voclain contends that the oral agreement entered into by him and Mr. Schouest willfully, knowingly, and unlawfully falsified the lien affidavit entitling him to an award of damages and attorney's fees pursuant to La. Voclain claims that the trial court erred in: (1) concluding that the oral contract to recommend and supervise subcontractors, and not pay for materials or subcontractors, created a lien right pursuant to La. Schouest's underlying claim for money owed. Voclain appeals, assigning error to the validity of the lien, rather than Mr. Voclain's reconventional demand with prejudice. Voclain's property located at 504 Dax's Place, and dismissed Mr. Schouest on January 8, 2016, encumbering Mr. The judgment also recognized the lien filed by Mr. Voclain, in the sum of $3,200.00 as well as $300.00 for the cost of filing the lien and interest. On January 26, 2017, a judgment in conformity with the trial court's written reasons was signed in favor of Mr. Voclain's reconventional demand should be denied. Therefore, the trial court reduced the amount owed to Mr. Schouest's termination prior to the house's completion. Voclain, and a $1,700.00 charge for a final walk through which was never conducted due to Mr. Schouest's lien for $6,200.00 included a $1,300.00 balance owed to painters which was paid by Mr. Voclain's property was proper and should be recognized as bearing against Mr. Schouest was a contractor for the construction of Mr. After trial, the trial court in detailed written reasons, found based on the testimony and evidence, that Mr. 9:4855, 2 entitling him to damages and attorney fees.Ī trial was held on October 19, 2016. 9:4801 1 and that the statements in the lien were falsified in violation of La. Schouest's lien failed to comply with La. Schouest's petition and filed a reconventional demand contending that Mr. Schouest then filed a Statement of Lien and Privilege in Lafourche Parish on January 8, 2016, and a Petition for Recognition of Lien and Money Damages in the 32nd Judicial District Court on January 15, 2016. Voclain did not remit any payments to Mr. ![]() ![]() Voclain, along with an invoice that requested payment in the amount of $6,200.00. Schouest sent a Notice of Nonpayment and Statement of Lien Rights to Mr. At this time, the house was not complete but nearing completion. Schouest's attention to the construction project, on October 30, 2015, through an email, Mr. Schouest received his last payment on September 25, 2015. Schouest was paid on four separate occasions an average of $3,200.00, for a total payment of $12,800.00. Schouest was to be paid 10% of the total construction cost estimated to be approximately $17,747.55 for his work.ĭuring construction of the home, Mr. Under the terms of the written contract, Mr. Voclain's agent and mother, outlining the terms of the agreement, but the written contract was never signed by Mr. Schouest signed a written contract prepared by Ann Storm, Mr. Voclain's property for a total construction cost of $177,475.46. Voclain entered into an oral contract for the construction of a home on Mr. Plaintiff-appellee, Chris Schouest, D/B/A Schouest Homebuilders (Mr. 9:4855.ĭefendant-appellant, Brennan Voclain, is the owner of the property described as 504 Dax's Place in Thibodaux, Louisiana. 9:4801, and that dismissed his reconventional demand for damages and attorney's fees pursuant to La. In this appeal, a property owner challenges the trial judgment that upheld a portion of a lien on his property in favor of a licensed contractor pursuant to La. Alfred Houma, LA Attorney for Plaintiff-Appellee, Chris Schouest d/b/a Schouest Homebuilders Houma, LA Attorney for Defendant-Appellant, Brennan Voclain Randall M. ![]() 2017 CA 0706 Decided: December 21, 2017īEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ. Court of Appeal of Louisiana, First Circuit.ĬHRIS SCHOUEST D/B/A SCHOUEST HOMEBUILDERS v.
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