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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
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
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
Introduction In Louisiana, liens are an effective tool to collect monies owed, but they can also cause massive headaches for both the lienholder who improperly files a lien as well as the owner of the effected property. Most contractors that are owed money immediately think, “file a lien”. Filing a lien is as simple as… Continue reading How Do I Cancel an Improperly Filed Lien against my Property?
Introduction In Louisiana, liens are among the most effective ways for a contractor to get paid. The Louisiana Private Works Act allows an unpaid contractor, subcontractor, or material supplier to file a “statement of claim or privilege,” (ie Lien) on the property where labor and materials were supplied but not paid for. The purpose of… Continue reading How to Properly File a Lien in Louisiana
Introduction If you are a business owner, the benefits of labeling a potential employee as an independent contractor are easily known, from reduced payroll taxes to not having to pay worker’s comp benefits and potentially, not having to pay retirement benefits or overtime wages. It is easy to want to label your employee as an… Continue reading Are My Workers Independent Contractors or Employees, and Does It Matter?
Introduction Louisiana has adopted the limited liability act, which allows anyone to create a limited liability company (LLC), which if acted in accordance therewith, can completely reduce any personal exposure of its owners. The purpose of forming an Louisiana limited liability company is to limit your liability, after all, it’s in the name! However, the… Continue reading Am I Personally Liable for a Construction Company’s Damages?
Introduction The last few years have been a hectic time in Louisiana Courts when it comes to contractors getting paid on public construction jobs. Since 2015, the First, Fourth, and Fifth Circuit Courts of Appeal, which include major cities in East Baton Rouge, Orleans, and Jefferson Parishes, have rendered decisions which decidedly favor contractors. What… Continue reading Contractors: How to get Slow Paying Owners to Pay
***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 Contractor Deadline to File Sworn Statement on Public Projects
By FavretLawFirm
Aug 21, 2019