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Coronavirus has caused worldwide disruption. Weddings, sporting events, festivals, supply deliveries, construction projects and any other type of planned gatherings are being cancelled. In fact, many states have made it illegal to host an event over ten (10) people. News reports even indicate church pastors are being arrested and jailed for such gatherings. The coronavirus… Continue reading Louisiana Contracts and COVID-19 (Coronavirus): Is Force Majeure Applicable?
Nuisance is defined as a person or thing that causes inconvenience or annoyance. While the definition may imply that a nuisance is often insignificant much like a buzzing fly, when left unaddressed nuisances, in a COA setting, can lead to large consequences. Nuisance complaints often rise to the level of lawsuits both by and against… Continue reading COA’s: Stop Allowing Nuisances and Rule Breaking. It Affects Everyone.
In 2017, more than $23,000,000,000.00 of property were damaged due to fires in the United States. If you have a mortgage on your house, homeowners insurance is required. Even so, since your house is sometimes your biggest investment, you will want it protected by insurance. What happens after a fire damages my house? More often… Continue reading Was Your Home damaged by a Fire? Know Your Rights When Dealing With Your Insurance Company.
In the recently decided Cambrie Celeste, LLC and Cambrie Celeste Commercial Tenant, LLC v. Starboard Management, LLC, et al., the Louisiana 4th Circuit held that the husband and wife owners of a dissolved LLC were personally responsible for $1,614,941.69 in damages. The decision cites Louisiana Revised Statute 1335.1, which holds that the members of a… Continue reading LEGAL UPDATE: Louisiana 4th Circuit Court Of Appeals Affirms Judgment Holding Dissolved LLC’s Members Personally Liable For Over $1,600,000.00
Sammy’s Grill, which opened near LSU’s campus in Baton Rouge, Louisiana in 1988 is now present in three locations in Baton Rouge, Prairieville, and Central. Sammy’s has become a local favorite due to their affordable pricing and generous portions. Their success has also extended into catering, which is big business at this time of year… Continue reading Popular Sammy’s Grill Forced to Close Due to Burst Pipe: Could Business Interruption Insurance be Sammy’s Central’s Saving Grace?
In the recently decided Giles v. Oak Lane Memorial Park, LLC, et al, the Louisiana 1st Circuit held that the successor purchaser to a cemetery company’s assets could not avoid liability for the predecessor’s liabilities. This decision builds upon jurisprudence stemming all the way back to the 1973 U.S. Supreme Court decision in Golden State… Continue reading LEGAL UPDATE: The Louisiana 1st Circuit Ruling Is Another Warning to Those Purchasing A Distressed Business: Successor Liability
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 What Is The Difference Between “Pay-If-Paid v. Pay-When-Paid” In Louisiana 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 Does My Louisiana Business Recover for Loss of Revenue Due to a Storm?
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 Louisiana 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 Warranties in Construction: When Does The Warranty Period Commence?
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 Can A General Contractor Be Held Liable For Damages If They Followed Plans and Specifications?
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
By FavretLawFirm
Apr 13, 2020