Summary
The Louisiana Second Circuit affirmed summary judgment holding that French Engineering breached its contract with Ardaman & Associates by failing to pay $87,500 for geotechnical engineering services. The court concluded that the contract required sand-depth investigation and specified testing, but did not require an analysis determining whether the sand was suitable for use as frac sand. The court also held that the contract was unambiguous and that Ardaman had performed its contractual obligations.
Topics
Practice areas
Questions Presented
- Whether the contract was ambiguous regarding whether Ardaman was required to perform a frac-sand suitability analysis.
- Whether Ardaman fully performed its contractual obligations and French breached the contract by failing to pay $87,500.
- Whether genuine issues of material fact precluded partial summary judgment.
- Whether the trial court improperly shifted the summary-judgment burden of proof.
- Whether Ardaman's alleged lack of professional competence presented a triable issue.
Holdings
- The contract was clear and unambiguous and did not require Ardaman to perform a frac-sand analysis or determine the suitability of the sand for use as frac sand.
- French breached the contract because Ardaman performed the obligations stated in the contract and French failed to pay the agreed $87,500 fee.
- Partial summary judgment was proper because no genuine issue of material fact remained and Ardaman was entitled to judgment as a matter of law.
- The burden-shifting assignment of error was without merit because the undisputed contract and performance evidence established Ardaman's entitlement to judgment.
Key quotations
“Reading the contract in its entirety, we find that it is not ambiguous; Ardaman was not required to perform a frac sand analysis.” (11)
“Ardaman performed as expected under the contract. French did not. It was obligated to pay Ardaman a fee of $87,500, and its failure to do so caused Ardaman to suffer damages and left French in breach of contract.” (11)
Factual background
Ardaman contracted with French Engineering to perform marine borings, geotechnical testing, and related reporting for a proposed frac-sand facility in Atkins, Louisiana. The written contract required grain-size analyses and a general discussion of sand-investigation results, but did not expressly require Ardaman to determine whether the sand was suitable for use as frac sand or to perform specialized frac-sand testing. Ardaman performed the contracted work and submitted invoices totaling $87,500, but French refused to pay because Ardaman's report did not include the specialized frac-sand information French later requested.
Procedural history
Ardaman filed a petition for breach of contract and open account against French Engineering and Cooterville Sand & Gravel. The trial court granted Ardaman's motion for partial summary judgment, finding that French breached the parties' contract by failing to pay for completed geotechnical engineering services. The trial court later certified the judgment as final and appealable under La. C.C.P. art. 1915(B). The Second Circuit affirmed.