Louisiana Court Costs Suit Settled

A state judge says some of the costs of the new $118 million 19th Judicial District Court Building in Baton Rouge will soon be returned.

“We’re just very happy that we’re able to recover money from the lawsuit,” said state District Judge Tim Kelley, vice chairman of the building’s commission.

Kelley, however, would not specify how much money will be recovered from a 29-month-old lawsuit against Level 3 Communications.

Although the commission is a public entity, the judge said the settlement precludes public disclosure of the dollar amount.

“We’re a stand-alone government entity,” Kelley said, adding that no other state official or agency has oversight of the commission’s decisions.

The 19th Judicial District Court Building Commission sued Level 3 in October 2008 for approximately $244,000.

The commission alleged that Level 3 caused a construction delay of approximately two months in 2007.

The commission alleged that the company did not relocate its fiber-optic cable from beneath the new court site in a timely manner.

The commission also alleged that people who file civil suits in the new building suffered additional losses that would be proven at trial. The building’s construction costs are paid from court filing fees rather than the general tax-paying public.

Level 3 denied the commission’s allegations and filed a counterclaim against the commission for $50,000 the firm spent on cable relocation.

Level 3 then added general contractor Walton Construction Company LLC-Southern, as well as lead architect Post Architects as defendants in its counterclaim.

The communications company alleged Walton and Post failed to provide reasonable time for cable relocation.

The commission, Walton and Post all denied Level 3’s allegations. And the dispute seemed headed for trial.

But U.S. District Judge Martin L.C. Feldman, of New Orleans, dismissed the case Tuesday and announced that a settlement had been reached. Feldman added that the case can be reopened if one or more of the parties can show within 60 days that the settlement has not been completed.

No details of the settlement were contained in the public court record Wednesday.

“We cannot comment at this time,” David Guerry, a Baton Rouge attorney for the commission, said Tuesday.

“I’m unable to comment on this,” Monique Weiner, a New Orleans attorney for Level 3, said Wednesday.

Attorneys for Walton and Post did not respond to requests for comment.

“We’re glad to get this behind us,” Kelley said.