Galloway Johnson Tompkins Burr & Smith attorneys Madeline Smith Hebert and Glenn Istre secured a significant trial victory in Franklin, Louisiana, on behalf of a land buyer in a breach of contract dispute involving a waterfront residential development on the Lower Atchafalaya River. The Court found the seller acted in bad faith by failing to transfer critical environmental permits, awarding Galloway’s client over $800,000 in damages.
In St. Mary Parish and throughout Acadiana, Louisiana breach of contract attorneys at Galloway tenaciously advocate for their clients to produce positive results and desired outcomes. For land use and real estate litigation matters, Madeline, Glenn, and the Galloway team use key defensive strategies before and during trial.
Case Details
Galloway’s client, the Plaintiff-Buyer, and Defendant-Seller entered into an Agreement to Purchase and Sell over 25 acres of land to be developed into residential lots with waterfront on the Lower Atchafalaya River in Berwick, Louisiana (the “Agreement”). Under the Agreement, the seller agreed to transfer, convey, and assign all existing permits and approvals, including all permits and approvals issued by the Army Corps of Engineers (“Existing Permits” or “Permits”), and the compensatory mitigation credits.
After learning that the transfer had not occurred and the seller attempted to get more money from the buyer, Galloway filed suit against the seller seeking consequential damages as the result of the seller’s breach of contract. Following trial, the Court found in favor of Madeline and Glenn’s client and found the seller, in bad faith, failed to transfer, convey, and assign the Existing Permits to the buyer.
An obligor is liable for the damages caused by his failure to perform a conventional obligation, and a failure to perform results from nonperformance, defective performance, or delay in performance. (Louisiana Civil Code art. 1994) Damages are measured by the loss sustained and the profit of which he has been deprived. (La. Civ. Code art. 1995) An obligor in bad faith is liable for all the damages, foreseeable or not, that are a direct consequence of his failure to perform. (La. Civ. Code art. 1997)
The Court rendered judgment in favor of Galloway’s client for its claim of bad faith breach of contract and awarded damages in the amount of over $800,000, plus costs and judicial interest from the date of judicial demand.
Galloway’s Real Estate Representation
Real estate attorneys at Galloway understand the complexities of land use and zoning, especially when those issues thread on environmental issues. Their team of experienced attorneys bring unparalleled knowledge and expertise to contract disputes, zoning matters, regulations, codes, and ordinances.
No matter the market, real estate law requires a deep understanding of the intricacies and nuances associated with end-to-end real estate services. Experienced attorneys like Madeline and Glenn partner with clients for property transactions and contractual matters through the initial stages to the final verdict.
Galloway stands ready to work with businesses facing complex and urgent commercial litigation. The team in Lafayette and across Galloway’s service area provides proactive service and high quality expertise that surpasses client expectations.
Madeline Smith Hebert works diligently to be a valuable advocate for her clients with goal oriented strategies, jury and jurisdiction knowledge, and clear insights. Glenn Istre tailors defensive tactics to his clients’ specific legal and business objectives.
From breach of contract litigation to complex disputes across South Louisiana, Galloway attorneys deliver result-driven representation strengthened by trial experience and regional reach. If your business is facing challenges involving property development or contract enforcement, contact our team to pursue resolutions with confidence.
