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Homeowners associations and condominium associations are generally a great benefit to those owning property and residing therein. Association documents include rules which are drafted with the intent to keep peace and harmony amongst owners. Unfortunately, all it takes is one nuisance owner or tenant to disrupt that peace and harmony. The question is often posed,… Continue reading Can a homeowners association evict a lessee?
Often times business owners incur emotional stress and severe inconvenience which can lead to the incurrence of actual damages. Louisiana law views a business, such as an LLC, separate and apart from an individual. For obvious reasons, a business is incapable of having its emotions or stress levels affected by a severe inconvenience. Louisiana Jurisprudence… Continue reading Can businesses claim damages for inconvenience or mental distress?
In a recent blog, we discussed the Louisiana 5th Circuit’s ruling in Korrapati v. Augustino Brothers Construction, LLC, et al, which held that a construction contract is null and void if the contractor is not properly licensed. In November 2020, the Louisiana 1st Circuit held that an unlicensed contractor may not recover for the costs… Continue reading Legal Update: Unlicensed Contractor Can’t Recover for Sub-Standard Work
Louisiana Law holds that a contract is absolutely null when it violates a rule of public order. In Louisiana certain construction projects require that the contractor be licensed by the State Licensing Board for Contractors. In addition, some projects need to be permitted in order to comply with local ordinances. Pertinent Facts: In the recent… Continue reading Validity of Construction Contracts with Unlicensed Contractors
If you have been to New Orleans in the last few years, you have seen a number of major construction projects. The renovation and addition to the world renowned World War II museum; a number of high end condominium and apartment complexes; and New Orleans’ very first Four Seasons Hotel. Claiming land in New Orleans… Continue reading New Orleans Drive Shack Project Halted and Its Response to Liens
A limited liability company (“LLC”) is one of the most common types of business organizations in Louisiana. There are many benefits to operating your business as a LLC including the simplicity of forming a LLC courtesy of the Louisiana Secretary of State’s online GeauxBiz platform. However, because LLC’s are simple to form, their freedom and… Continue reading Disputes: Is a non-owner claiming ownership in your business?
In the recently decided Iberia Financial Services, LLC v. John A. Mitchell, the Louisiana 3rd Circuit held that a non-solicitation clause did not apply to an independent contractor. How is that possible? The decision cites the absence of “independent contractor” language from a key provision of Louisiana Revised Statute 23:921. Case Study The defendant, Mr.… Continue reading Limits on Customer Solicitation for Independent Contractors
On March 22, 2020, Governor John Bel Edwards issued a proclamation mandating that certain businesses deemed non-essential cease operation. These restrictions have forced many businesses to temporarily close since they cannot access their premises. Those businesses are undoubtedly looking to cut expenses in order to survive the uncertain times. One of the largest expenses for… Continue reading COVID- 19 and its Possible Effects on Commercial Leases
From The Desk of Paul L. Carriere Re: Hurricane Preparedness 2020 With Tropical Storm Cristobal bearing down on the Louisiana Coast, it is a grim reminder that it is important to be prepared for this hurricane season, which the NOAA predicts to be especially active. Hurricanes and even Tropical Storms can cause life and property… Continue reading Hurricane Preparedness Checklist
In the wake of the Coronavirus pandemic, as of April 13, 2020, more than ten percent of American workers have filed for unemployment. Unfortunately, many have been denied certain benefits due to their employment status as independent contractors. Louisiana Employment Laws The Louisiana Workforce Commission provides the rules and regulations for employers in regard to… Continue reading Penalties for Misclassifying Workers in Louisiana
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: 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 Stop Allowing Nuisances and Rule Breaking in COA’s
By FavretLawFirm
Jan 21, 2021