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?
According to the Louisiana State Licensing Board for Contractors, there are approximately 1100 licensed contractors in New Orleans. The State of Louisiana has a vested interest in contractors’ dealings with the public and therefore regulates the profession fairly extensively. While there is extensive laws, rules and regulations regarding contractors, the following list outlines the most… Continue reading Common Issues Faced By Louisiana Contractors
Materialmen’s Privilege Under the Louisiana Public Works Act, the definition of “Claimant” includes any person to whom money is due pursuant to a contract with the owner or a contractor or a subcontractor for…furnishing materials or supplies for the construction, alteration, or repair of any public works. When to File Claim? Any claimant within forty-five… Continue reading Louisiana Suppliers’ Rights Under The Public Works Act
Supplier’s Rights Under the Private Works Act, suppliers are included in the list of persons that have a privilege on an immovable to secure “the price of movables sold to the owner that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment… Continue reading Louisiana Suppliers’ Rights Under the Private Works Act
Collecting payments from contractors can be frustrating. Contractors generally won’t pay their subcontractors until they have been paid by the owner or are reassured payment is coming. However, in addition to subcontractor rights in their contract with the general contractor or owner, a Louisiana subcontractor has alternative means of collecting payment due on private construction… Continue reading How to Get Paid Quickly on Private Projects
In Louisiana, HOA’s and the issues that come with them forced the Louisiana legislature to enact the Louisiana Homeowners Association Act in the late 1990’s. Since then, homeowners and associations have clashed over multiple issues including building restrictions and removing property which has been in place for years. In this post, we discuss the Louisiana… Continue reading Is Your HOA Demanding Changes Citing Covenant Violations?
The Louisiana legislature has updated Louisiana lien laws by passing HB 203. While most changes won’t take place until the new year, several changes take place immediately. In this Legal Update, we will review some of the most impactful changes to the law and how they will practically affect Louisiana contractors, laborers, material suppliers, and… Continue reading Louisiana Legislature Overhauls Rules for Mechanic’s Liens
According to the National Highway Traffic Safety Administration, there is a fatality in an alcohol-related accident every forty-eight minutes in the United States. Further, Louisiana ranks well-above the national average for alcohol-impaired driving fatalities. Drunk driving is a serious problem and for that reason, the Louisiana legislature allows punitive damages in cases involving drunk driving.… Continue reading Have You Been Injured By A Drunk Driver?
Louisiana Revised Statute §9:2779 provides that with respect to construction contracts when one of the parties is domiciled in Louisiana and the work is to be performed in Louisiana, any provision requiring disputes to be resolved in a forum other than Louisiana are inequitable and against public policy rendering them null and void and unenforceable. … Continue reading Validity of Forum Selection Clauses in LA Construction Contracts
On May 8, 2019, the Louisiana Supreme Court held that insurance policies requiring litigation to be brought in another state, even if the policy was issued and covered losses occurring in Louisiana, are valid which could lead to major consequences for Louisiana insureds. In Creekstone Juban I, LLC v. XL Insurance America, Inc., the Supreme… Continue reading LA Supreme Court Upholds Enforceable Insurance Forum Clauses
Businesses often carry general liability insurance, which covers property and content damages. Insurance policies are negotiated and are reviewed as an ordinary contract between the parties. In addition, courts are directed to rule in favor of coverage if there are any ambiguities or uncertainties, which helps the insurance policy holder in uncertain cases. When catastrophe… Continue reading Disputing Insurance Property Damage Appraisal Tips