two-contract defense in Louisiana

2015The two-contract defense has been applied to employees of sub-subcontractors by the first circuit in both Beddingfield v. Standard Construction Co., 560 So.2d 490 (La.App. 1st Cir.1990)[,] and Albin v. Red Stick Construction Co., 509 So.2d 110 (La.App. 1st Cir.1987).

1990The two-contract defense has been applied to employees of sub-subcontractors by the first circuit in both Beddingfield v. Standard Construction Co., 560 So.2d 490 (La.

2015The two-contract defense has been applied to employees of sub-subcontractors by the first circuit in both Beddingfield v. Standard Construction Co., 560 So.2d 490 (La.App. 1st Cir.1990)[,] and Albin v. Red Stick Construction Co., 509 So.2d 110 (La.App. 1st Cir.1987).

2015Crochet v. Westminster City Center Properties, 572 So.2d 720 (La.App. 4th Cir.1990); Beddingfield v. Standard Construction Co., 560 So.2d 490 (La.App. 1st Cir.1990); Albin v. Red Stick Construction Co., 509 So.2d 110 (La.App. 1st Cir.1987); Barnhill v. American Well Service and Salvage, Inc. 432 So.2d 917 (La.App. 3d Cir.1983).

2015The same result was reached by the third circuit in Barnhill v. American Well Service & Salvage, Inc., 432 So.2d 917 (La.App. 3d Cir.1983).

2015Crochet v. Westminster City Center Properties, 572 So.2d 720 (La.App. 4th Cir.1990); Beddingfield v. Standard Construction Co., 560 So.2d 490 (La.App. 1st Cir.1990); Albin v. Red Stick Construction Co., 509 So.2d 110 (La.App. 1st Cir.1987); Barnhill v. American Well Service and Salvage, Inc. 432 So.2d 917 (La.App. 3d Cir.1983).

2004Concerning the nature of the contracts between Load Right and Hercules, the supreme court in Allen, 842 So.2d 373, 383 , set forth the requirements of the two-contract defense: “[I]n order to raise the ‘two contract’ defense, a defendant must establish only that: (1) it entered into a contract with a third party; (2) pursuant to that contract, work must be performed; and (3) in order for the defendant to fulfill its contractual obligation to perform the work, the defendant entered into a subcontract for all or part of the work performed.” In the instant case, Load Right entered into a harvesti

2004Thus, Parker Logging contends that the trial court erred in granting the directed verdict because the “temporal element is lacking in this case.” Without commenting on whether the ongoing business relationships were sufficient to constitute preexisting contracts in any event, we note that during the pen-dency of this appeal the supreme court decided Allen v. State, Through Ernest N. Morial —New Orleans Exhibition Hall Authority, 02-1072 (La.4/9/03), 842 So.2d 373 , in which it concluded that La.R.S. 23:1032 and La.R.S. 23:1061 impose no temporal requirement on the two-contract defense.

1997The general contractor in turn contracts with a subcontractor for the `sub' to do the whole or part of the total job contracted by the `general.' Under this contractual relationship, the contract work of the `sub' has been held in decisions of the intermediate courts to be automatically within the trade, business or occupation of the `general.' In Rogers v. Gervais Favrot Co., Inc., 537 So.2d 381 (La.App. 4 Cir.1988), this court held that LSA-R.S. 23:1061 must be read disjunctively and the employer qualifies for the two-contract defense if he proves the existence of a general contract for cons

1990In Rogers v. Gervais Favrot Co., 537 So.2d 381 (La.App. 4th Cir.1988), this court noted that LSA-R.S. 23:1061 must be read disjunctively and that the employer qualifies if he proves the existence of a general contract for construction and a subcontract for part of that work with the plaintiff's employer.

2022In Beaver, supra, a tort case in which several defendants, including ExxonMobil, were seeking statutory employer status to avoid tort liability to a plaintiff injured in the parking lot of the ExxonMobil refinery, the U.S. district court began its analysis with pointing out that, in order to successfully raise the two-contract defense, a defendant must establish all 13 three requirements set forth by the Louisiana Supreme Court in Allen.

2004In support, Mr. Keller cites Insurance Co. of North America v. Gaylord Container Corp., 99-904, 99-905 (La.App. 1 Cir. 6/23/00) , 764 So.2d 1214 .

2002In Black, 692 So.2d 724 at 726 , we stated that: | fiThis is referred to as the temporal requirement and it must be satisfied before the two-contract defense may be applied to acquire tort immunity. [Emphasis added].

1996“The ease law on the two-contract defense has established a requirement that the general contraetor/principal must prove that he entered into a general contract to do certain work prior to entering his contract with the plaintiffs employer to perform a part of that work.” Id. at 676 .

1993Legros v. Norcen Exploration, Inc., 583 So.2d 859 (La.App. 1st Cir.), writs denied, 588 So.2d 101 and 109 (La.1991).

1993Legros v. Norcen Exploration, Inc., 583 So.2d 859 (La.App. 1st Cir.), writs denied, 588 So.2d 101 and 109 (La.1991).

1988The only authority given us for this proposition is Nations v. Sun Oil Company (Delaware), 695 F.2d 933 (5th Cir.1983) where, interpreting Mississippi law in the context of a motion for summary judgment, the court stated that a welding company might be a subcontractor of the lessee of mineral rights so that the work the welding company contracted to perform might be a portion of the activity the lessee was contractually obligated to perform.