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***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: File a Lien if GC Misses 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 Public Project Payment Dispute: General Contractors’ Remedies
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?
By FavretLawFirm
May 15, 2019