Introduction Many associations prohibit or restrict animals from residing with you. Those restrictions are generally large dogs or other larger animals. Cats, small dogs, and similar domesticated animals are generally permitted. Service dogs are qualified and regulated animals, generally classified as larger animals, which serve purposes ranging from assisting the blind to emotional support. Are… Continue reading Can my HOA/COA Prohibit my Service Animal from Living with Me?
Introduction When an employee leaves your business, you have enough to worry about: replacing the employee, training up a new employee, and maintaining all the relationships that the old employee had with your customers. But what about when the employee that left is a vital part of your business? What if the employee knew intimate… Continue reading Is a Former Employee Using Confidential Business Information to Unfairly Compete?
You’ve just been in an accident. After making sure that everyone is alright, you call the police and are told that they have sent an officer to your location. An hour goes by, and there is still no officer in sight. You are considering just leaving the scene with the other driver’s insurance information and… Continue reading Steps to Take After a Car Accident
You were in a car accident, and it just got worse. The other driver was uninsured, and it looks like you may be left to handle the situation on your own. What now? Most drivers maintain insurance on their vehicles in case they are required to pay damages in the event that someone or something… Continue reading What to Do If You Are in an Accident with Someone Who is Uninsured or Underinsured
The Louisiana legislature has been making headlines recently with their proposed “Omnibus Premium Reduction Act of 2019.” This Act seeks to lower insurance premiums by various means. Louisiana is a direct action state, but what does that mean? Louisiana Revised Statute 22:1269 provides that it is sometimes possible for drivers to sue a third-party insurance company directly so as… Continue reading The Louisiana Direct Action Statute and What it Means to You
A lawsuit for breach of contract is one of the most common causes of action in business. Sometimes, two parties enter into a contractual agreement, and one of them simply fails to deliver. However, it is much more common for one or both of the parties to violate terms of a contractual agreement with the… Continue reading Filing a Lawsuit for Breach of Contract When a Party Fails to Perform
Intro Car accidents happen every day, and they can involve the literal headache from the crash to the headache from dealing with the insurance companies that never seem to cooperate. An added headache that is not often discussed is when the other vehicle in the accident is a police officer or other emergency vehicle. Louisiana Revised… Continue reading Have You Been Involved in an Accident with a Police Car?
Introduction In performance contracts, such as the construction of a building or delivery of goods, timing is essential. For example, you have hired a contractor to build-out your office space, and the contractor has agreed that it will take 12 months to complete the project. If it is not completed by the end of that… Continue reading What Are Liquidated Damages, and Are They Enforceable?
***This post’s original content has been edited to reflect the legislative changes enacted pursuant to the passing of LA HB 203 Introduction Like contractors, subcontractors, design professionals, and sub-subcontractors, material suppliers can file a Louisiana mechanics lien. Louisiana Revised Statute 9:4802(A)(3) provides material suppliers with a claim directly against the property owner. Louisiana courts will uphold a… Continue reading How do Material Suppliers File Liens on Projects?
Introduction In the construction industry, it is common for contractors to say Lien instead of sworn statement of amount due on public project. While the effect is essentially the same, the difference is contractors cannot seize and sell public property if they are not paid. Thus, the mechanism for filing a “lien” on a public… Continue reading How Long Does a Contractor Have to File a Sworn Statement (i.e. Lien) on a Public Project?
***This post’s original content has been edited to reflect the legislative changes enacted pursuant to the passing of LA HB 203 Introduction You are a subcontractor on a big job, and your demands for payment are going nowhere. Naturally, you are going to file a lien on the project. But what if the general contractor… Continue reading Subcontractors: You Can File a Lien if the General Contractor Did Not File a Notice of Contract
Introduction In construction, whether residential or commercial, the stakes are high. There is a lot of money at stake and a lot of parties. Owners, Contractors, Engineers, Architects, Banks and Subcontractors to name some. When a dispute arise regarding one workmanship, the term defective workmanship or poor workmanship may be alleged. In the back of… Continue reading Is Defective Workmanship Covered by Insurance?