***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: File a Lien if GC Misses 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?
Introduction State entities which fail to pay are liable for breach of contract claims just like a private job. However, collecting from a public entity can be extremely difficult and frustrating. In 2018, the Louisiana legislature amended the “prompt pay” statute which allows contractors to file mandamus proceedings to force an entity to pay them what they are… Continue reading Public Project Payment Dispute: General Contractors’ Remedies
Introduction Due to the complexities and procedures involved in construction agreements, most contracts are in writing, but does that mean that they cannot be modified orally? On April 8, 2019, the United States Court of Appeals for the 5th Circuit held that construction contracts can be modified through oral modification, silence, inaction, or even the conduct of the… Continue reading Can a Written Construction Contract be Orally Modified?
Construction delays. While the phrase may seem obvious and they are some of the most common disputes in the construction industry, they are also some of the least understood and complex claims in the field. This article provides a brief overview of what a delay claim is, common points of contention, and how you can… Continue reading Delay Damages: What are They and How do They Work?
No matter what business or industry you’re in, accounts often dry up and you are faced with the decision of whether or not to send delinquent payments to a collection agency. Collection agencies can be intimidating and tough to deal with, both for the individual seeking to use their services, as well as the delinquent… Continue reading Contingency Collection: What is it and should you use it?
It’s the one document no one wants to receive: a notification that you’ve been sued. Although it may be the most worrying, tense and generally shocking feeling one can have, it is important to know what first steps to take and the best way to go about them. Foremost, you’ll want to notify your lawyer.… Continue reading The Importance of Notifying Insurance When You’ve Been Sued
One of the largest concerns for business owners is collecting payment from clients. Whether it’s customers running long-overdue balances or a client that consistently disputes what he owes, not getting paid can be very frustrating because it disrupts your business’s cash flow. In the modern economy, clients are much more likely to pay (and pay… Continue reading The Secrets to Getting Paid: 7 Ways to Ensure Payment from Clients
Practically everyone has entered into a contract at some point. Whether it was purchasing a car, beginning employment, or hiring a construction crew to remodel your bathroom, contracts are present in most facets of life. While most of us know that a contract creates a legal obligation between two or more parties (individuals, businesses, organizations,… Continue reading Contracts 101 (for the non-lawyer)
Owning a business can be very rewarding in many ways. However, from the moment a business is started, it is exposed to many different risks. The best way to protect this investment from legal liability or recovering from catastrophic events is to obtain a business insurance policy. While some businesses may never have to file… Continue reading The Best Way to Handle Business Insurance Claims