A lawsuit for breach of contract is one of the most common causes of action in business. Sometimes, two parties enter into a contractual agreement, and one of them simply fails to deliver. However, it is much more common for one or both of the parties to violate terms of a contractual agreement with the… Continue reading Filing a Lawsuit for Breach of Contract When a Party Fails to Perform
Intro Car accidents happen every day, and they can involve the literal headache from the crash to the headache from dealing with the insurance companies that never seem to cooperate. An added headache that is not often discussed is when the other vehicle in the accident is a police officer or other emergency vehicle. Louisiana Revised… Continue reading Have You Been Involved in an Accident with a Police Car?
Introduction In performance contracts, such as the construction of a building or delivery of goods, timing is essential. For example, you have hired a contractor to build-out your office space, and the contractor has agreed that it will take 12 months to complete the project. If it is not completed by the end of that… Continue reading What Are Liquidated Damages, and Are They Enforceable?
***This post’s original content has been edited to reflect the legislative changes enacted pursuant to the passing of LA HB 203 Introduction Like contractors, subcontractors, design professionals, and sub-subcontractors, material suppliers can file a Louisiana mechanics lien. Louisiana Revised Statute 9:4802(A)(3) provides material suppliers with a claim directly against the property owner. Louisiana courts will uphold a… Continue reading How do Material Suppliers File Liens on Projects?
Introduction In the construction industry, it is common for contractors to say Lien instead of sworn statement of amount due on public project. While the effect is essentially the same, the difference is contractors cannot seize and sell public property if they are not paid. Thus, the mechanism for filing a “lien” on a public… Continue reading How Long Does a Contractor Have to File a Sworn Statement (i.e. Lien) on a Public Project?
***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: You Can File a Lien if the General Contractor Did Not File a 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 What Are General Contractors’ Remedies When the Owner of a Public Project Refuses to Pay?
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 Service: What is it and should you be using one?
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