DOTD: Project’s ‘overall progress’ meets requirements

Published 6:00 pm Wednesday, March 14, 2018

Will R.E. Heidt be penalized or fined for not completing La. 1256 and La. 27 South in a timely manner?

Don Duberville, the state Department of Transportation and Development’s engineer administrator for the area, said Thursday that the project was about 77 percent complete.

Seventy percent of the time allowed by the contract has elapsed so far, meaning “the overall progress meets contract requirements,” Duberville said.

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“Contract time on the La. 1256 project is assessed by the project engineer, who determines daily whether conditions are suitable for the specific type of work that is necessary for orderly completion,” he wrote in an email.

“The contract has provisions to address insufficient progress and/or late completion through various means.”

When The Informer last wrote about the project, in early February, Duberville noted that work was 75 percent complete and that about 60 percent of the contract time had passed.

Online: www.dotd.la.gov.

Law on associations defers to contracts

What does state law say about homeowners association restrictions?

A section of the Louisiana Homeowners Association Act, passed in 1999, says that “the existence, validity, or extent” of a restriction “shall be liberally construed to give effect to its purpose and intent.”

The provision, R.S. 9:1141.14, supersedes a Civil Code article that dictates the opposite approach. “Doubt as to the existence, validity, or extent of building restrictions is resolved in favor of the unrestricted use of the immovable,” reads Article 783.

From another provision of the LHAA:

“The provisions of this Part shall be applicable to existing and future residential planned communities whose declarations have been duly executed and filed for registry. However, this Part shall not be construed to affect the validity or superiority of any provision of a community document. Only to the extent the community documents are silent shall the provisions of this Part apply.”

Online: www.legis.la.gov.

City to address roadside litter

Who is responsible for the stretch of Old Highway 171 North that borders Pack Road in north Lake Charles? The grass does not get mowed and garbage is piled up.

I have contacted City Council members, the Mayor’s Action Line and property standards people, and they all point the finger at another agency?

“I dispatched a city inspector, who took several pictures in the area,” Lake Charles city spokesman Matt Young wrote in an email.

“Some trash was visible in the ditches and will be removed by public works crews. The grass in the photos was in compliance with city ordinance.”

Online: www.cityoflakecharles.com.

The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098 and leave voice mail, or email informer@americanpress.com.