[59]. Interest on contract damages. Under Louisiana law, "damages for breach of contract are due from the moment of an active violation of a contract and from the time that a debtor is placed in default if the breach is passive." Thomas B. Catchings & Assocs. v. City of Baton Rouge, 621 So. 2d 768, 768-69 (La. 1993) (citing Alexander v. Burroughs Corp., 359 So.2d 607 (La. 1978)). RedHawk is entitled to pre-award interest on its contract damages from the date of N95 Shield’s default, June 24, 2021 (the first day after it failed to perform its duty to deposit funds into escrow), until the date of the final award, accruing at the applicable Louisiana judicial interest rates of 3.5% through December 31, 2022 and 6.5% since January 1, 2023. See La. Stat. § 13:4202(B)(1); see also La. Office of Financial Insts., Judicial Interest Rates, http://www.ofi.state.la.us/Legal%20Judicial%20Rate.htm. [60]. The pre-award interest is calculated as follows: June 24, 2021 to December 31, 2021: $823,262.33
(191 days @ $4,310.27/daily @ 3.5%/year)
January 1, 2022 to December 31, 2022: $1,573,250.00
(365 days @ $4,310.27/daily @ 3.5%/year)
January 1, 2023 to May 1, 2023: $968,580.14
(121 days @ $8,004.79/daily @ 6.5%/year)
[61]. For a total of $3,365,092.47 in pre-award interest. [62]. RedHawk also shall be entitled to post-award interest on its contract damages at the Louisiana judicial interest rate. See La. Stat. § 13:4202(B)(1).
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