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First, it is important to understand how the Louisiana Condominium Act defines condominium terms. For example, the term “Condominium” is defined as the property regime under which portions of immovable property are subject to individual ownership and the remainder thereof is owned in indivision by such unit owners. A “unit” is defined as part of… Continue reading What is the difference between a common element and a limited common element, and why does it matter?
In order for a condominium Association, which include all units owners, to operate efficiently, its members must pay their dues timely. If you are a property manager or in charge of a condominium association, then you understand the challenges of enforcing and collecting monthly dues and assessments. The question that is generally posed, is whether… Continue reading Can a Condominium Association Shut Off Water or Other Utilities For a Non-Paying Unit Owner?
Many business persons have ownership interest in many different businesses. Business persons take calculated risk in order to make a financial gain. it is important that those business persons understand what’s at risk when doing so. There is a common misconception that if an individual is personally liable for a debt that his ownership interest… Continue reading Can a creditor seize your ownership interest in an LLC?
Homeowners associations and condominium associations are generally a great benefit to those owning property and residing therein. Association documents include rules which are drafted with the intent to keep peace and harmony amongst owners. Unfortunately, all it takes is one nuisance owner or tenant to disrupt that peace and harmony. The question is often posed,… Continue reading Can a homeowners association evict a lessee?
Often times business owners incur emotional stress and severe inconvenience which can lead to the incurrence of actual damages. Louisiana law views a business, such as an LLC, separate and apart from an individual. For obvious reasons, a business is incapable of having its emotions or stress levels affected by a severe inconvenience. Louisiana Jurisprudence… Continue reading Can a business recover damages for severe inconvenience or mental anguish?
In a recent blog, we discussed the Louisiana 5th Circuit’s ruling in Korrapati v. Augustino Brothers Construction, LLC, et al, which held that a construction contract is null and void if the contractor is not properly licensed. In November 2020, the Louisiana 1st Circuit held that an unlicensed contractor may not recover for the costs… Continue reading LEGAL UPDATE: LOUISIANA 1st CIRCUIT HOLDS THAT AN UNLICENSED CONTRACTOR MAY NOT RECOVER FOR UNJUST ENRICHMENT IF THE WORK PERFORMED WAS SUB-STANDARD
Louisiana Law holds that a contract is absolutely null when it violates a rule of public order. In Louisiana certain construction projects require that the contractor be licensed by the State Licensing Board for Contractors. In addition, some projects need to be permitted in order to comply with local ordinances. Pertinent Facts: In the recent… Continue reading Are Construction Contracts with Unlicensed Contractors Null and Void? An overview of the 5th Circuit Decision in Korrapati vs. Augustino Brothers Construction, LLC, et al.
If you have been to New Orleans in the last few years, you have seen a number of major construction projects. The renovation and addition to the world renowned World War II museum; a number of high end condominium and apartment complexes; and New Orleans’ very first Four Seasons Hotel. Claiming land in New Orleans… Continue reading New Orleans Drive Shack Project Halted and Its Response to Liens
A limited liability company (“LLC”) is one of the most common types of business organizations in Louisiana. There are many benefits to operating your business as a LLC including the simplicity of forming a LLC courtesy of the Louisiana Secretary of State’s online GeauxBiz platform. However, because LLC’s are simple to form, their freedom and… Continue reading Ownership Disputes: Is a non-owner claiming ownership in your business?
In the recently decided Iberia Financial Services, LLC v. John A. Mitchell, the Louisiana 3rd Circuit held that a non-solicitation clause did not apply to an independent contractor. How is that possible? The decision cites the absence of “independent contractor” language from a key provision of Louisiana Revised Statute 23:921. Case Study The defendant, Mr.… Continue reading LEGAL UPDATE: Employers: If you Choose to Hire Independent Contractors, You May Not Be Able to Prevent Them from Soliciting Its Customers
On March 22, 2020, Governor John Bel Edwards issued a proclamation mandating that certain businesses deemed non-essential cease operation. These restrictions have forced many businesses to temporarily close since they cannot access their premises. Those businesses are undoubtedly looking to cut expenses in order to survive the uncertain times. One of the largest expenses for… Continue reading COVID- 19 and its Possible Effects on Commercial Leases
From The Desk of Paul L. Carriere Re: Hurricane Preparedness 2020 With Tropical Storm Cristobal bearing down on the Louisiana Coast, it is a grim reminder that it is important to be prepared for this hurricane season, which the NOAA predicts to be especially active. Hurricanes and even Tropical Storms can cause life and property… Continue reading Hurricane Preparedness Checklist
By FavretLawFirm
Mar 12, 2021