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The purpose of a pay-if-paid clause is to shift financial risk down the chain. Pay-If-Paid provisions state that a general contractor does not have to pay her subcontractor unless he is paid by the owner. In Louisiana, Pay-if-Paid clauses are typically enforceable so long as the contract is specific and explicit. Most contractors are familiar… Continue reading “Pay-If-Paid vs. Pay-When-Paid” in LA Construction Cases
Since the year 2000, at least twenty-eight tropical or subtropical cyclones have affected the state of Louisiana, and this figure does not include the common severe weather that we experience countless times each year. Thus, it’s more likely than not that a Louisiana small business will be temporarily closed due to weather, fire, storms or… Continue reading How Can My Louisiana Business Recover Lost Storm Revenue?
Louisiana Homebuyers Summary of the Louisiana New Home Warranty Act In the late 1980’s the Louisiana legislature, in order to promote commerce and to protect Louisiana homebuyers, enacted the Louisiana New Home Warranty Act. The Act serves as a simple, mostly exclusive remedy for homeowners to recover damages from their contractors’ defective work. What Remedies… Continue reading Louisiana Homebuyers Summary of the New Home Warranty Act
In Louisiana, contractors provide certain warranties to their customers regarding the quality of their work. These warranties include the Louisiana New Home Warranty which was enacted relatively recently to protect consumers from contractor errors. Since these guarantee and warranty periods are time sensitive, it is important to know when they begin. Louisiana Construction Warranties Louisiana… Continue reading When Does The Warranty Period Commence in Construction?
In Louisiana, contractors who follow the project’s plans and specifications can avail themselves of an immunity defense from liability for damages arising from the construction. However, several Louisiana courts have held that Contractors cannot blindly rely on the plans and specifications and are further not immune when they fail to follow the plans and specifications.… Continue reading Is the Contractor Liable if Following Plans Leads to Damages?
We have previously discussed liens in the construction context and also outlined the steps to collect from non-paying unit owners, but these areas blend together and the Louisiana laws have codified in the Louisiana Condominium Act that the non-payment of fines, dues, and late fees can lead to the association having a privilege on the… Continue reading Louisiana HOA and COA Liens
Benjamin Franklin once famously said: “Love thy neighbor—but don’t pull down your hedge.” More than two hundred years have passed, but Franklin’s words still ring true. Neighbors can be a blessing and a curse, and when they act as the latter, it is important to know the laws and legal remedies available to you in… Continue reading What Laws Govern Neighbor Disputes in Louisiana?
As previously discussed, there are many benefits to operating a business as an LLC, one of which being limited liability for the individual members of the company. However, under certain circumstances, members can be held individually liable for their actions or inactions related to an LLC. LLC Members’ Individual Liability Louisiana Revised Statute 12:1320 provides… Continue reading In LA, Can A Member Be Held Liable For The Acts Of An LLC?
In Louisiana, insurance carriers are required to include uninsured motorist (“UM”) coverage on every automobile policy, unless the customer rejects the coverage in writing. At first glance, it may just seem that it’s just another fee that the insurance is kindly allowing you to opt out of, but having UM coverage is imperative, especially in… Continue reading What Is Uninsured Motorist Coverage in Louisiana?
In Louisiana, like everywhere else, the wheels of justice can seem to turn slowly. However, in certain cases, the plaintiff may require immediate action in order to prohibit someone from causing further damage. In such cases, injunctive relief may be appropriate. Injunctions seek to preserve the status quo of a relationship between parties and prevent… Continue reading In LA, How Do I Immediately Stop Someone From Doing Harm?
Contractors, subcontractors and all those involved in the construction industry have heard the term indemnity. It is also important that any construction professional understand what it means and the benefits or drawbacks that come with it. Indemnity clauses, in general, shift responsibility for damages or losses that are incurred in connection with a construction project.… Continue reading What Are Indemnity Agreements in Construction Contracts?
In Louisiana, people can become co-owners of immovable property through various means, but the two most common methods are through marriage/divorce and through succession. No matter how the property is acquired, it is universal that there must be consent of all of the co-owners, no matter how many, to sell, encumber, or lease the entirety… Continue reading Are Co-Owners Entitled to Rent?
By FavretLawFirm
Dec 3, 2019