ANSWER by nyut545e2

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									      Case 2:06-cv-01243-PM-APW Document 17                   Filed 08/16/06 Page 1 of 4



                             UNITED STATES DISTRICT COURT
                             WESTERN DISTRICT OF LOUISIANA
                                 LAKE CHARLES DIVISION

ATLANTIC SCAFFOLDING CO.                               CIVIL ACTION NUMBER: 06-1243


                                                       JUDGE: P. MINALDI
VERSUS

PERFORMANCE CONTRACTORS,
INC.,ET AL                                             MAGISTRATE JUDGE WILSON


                                           ANSWER

       NOW      COMES,       the   Defendants,    Performance      Contractors,   Inc.,   hereinafter

"Performance") and Travelers Casualty and Surety Company of America, (hereinafter

"Travelers"), through undersigned counsel, and for its Answer and Defenses to Plaintiff's

"Petition to Enforce Lien" (hereinafter referred to as the "Petition") respectfully represents:

                                        FIRST DEFENSE

       Plaintiffs Petition fails to state a claim upon which relief can be granted.

                                      SECOND DEFENSE

       Defendants are entitled to the defense of set off.

                                        THIRD DEFENSE

       Defendants plead all applicable terms of the subcontract agreement at issue.

                                      FOURTH DEFENSE

       Defendants plead all applicable terms of the Prime Contract between Performance and

Burns & McDounel1.

                                        FIFTH DEFENSE

       FURTHER ANSWERING the allegations of Plaintiff's Petition to Enforce Lien,

Defendants assert the following:

                                                                                              707927.1
      Case 2:06-cv-01243-PM-APW Document 17                 Filed 08/16/06 Page 2 of 4



                                                1.

       The allegations contained in Paragraph I, and subparagraphs a-b, of Plaintiffs Petition

are admitted.

                                                2.

       Except to admit that Perfonnance and ASC executed a Master Subcontract Agreement on

September 24,2004, the allegations of Paragraph 2 of Plaintiffs Petition are denied.

                                                3.

       The allegations contained in Paragraph 3 of Plaintiffs Petition are denied.

                                                4.

       The allegations contained in Paragraph 4 of Plaintiffs Petition are denied.

                                                5.

       Except to admit that counsel for ASC filed a purported Lien Affidavit and Claim of

Privilege on October 14, 2005, the allegations of Paragraph 5 of Plaintiffs Petition are denied.

                                                6.

       The allegations contained in Paragraph 6 of Plaintiffs Petition are denied.

                                                7.

       The allegations contained in Paragraph 7 of Plaintiffs Petition are admitted.

                                                8.

       The allegations contained in Paragraph 8 of Plaintiffs Petition are denied.

                                                9.

       The allegations contained in Paragraph 9 of Plaintiffs Petition are denied.




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                                                                                            707927.1
      Case 2:06-cv-01243-PM-APW Document 17                Filed 08/16/06 Page 3 of 4




          WHEREFORE, Performance Contractors, Inc. and Travelers Casualty and Surety

Company of America, pray that this Answer be deemed good and sufficient, and that after all due

proceedings are had that there be judgment rendered herein in favor of the Defendants and

against the Plaintiff, and further that an Order be entered by this Honorable Court granting to

Defendants its reasonable attorney's fees and expenses, as well as all costs associated with this

action.



                                            RESPECTFULLY SUBMITTED,

                                            BREAZEALE, SACHSE & WILSON, L.L.P.
                                            One American Place, 23rd Floor
                                            Post Office Box 3197
                                            Baton Rouge, Louisiana 70821-3197
                                            Telephone: 225-387-4000
                                            Fax: 225-387-5397



                                            slMurphy J. Foster, III
                                            Murphy J. Foster, III, La Bar Roll No. 5779
                                            John M. Madison, III, La Bar Roll No. 26394




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                                                                                          707927.1
       Case 2:06-cv-01243-PM-APW Document 17              Filed 08/16/06 Page 4 of 4




                                    CERTIFICATE OF SERVICE

       I hereby certify that a copy of the above and foregoing Answer has this date been sent

electronically, to the following:

       Ennnett C. Sole
       H. Alan McCall
       STOCKWELL, SIEVER, VICCELLIO,
       CLEMENTS & SHADDOCK, L.L.P.
       Chase Bank, One Lakeside Plaza, 4th Floor
       P.O. Box 2900
       Lake Charles, LA 70601


       Baton Rouge, Louisiana, this 16th day of August, 2006.



                                            s/Murphy J. Foster, III
                                            MURPHY J. FOSTER, III




                                                                                       707551.1

								
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