Construction and Design

Kean Miller LLP represents many of Louisiana’s most successful construction companies and Fortune 500 companies in construction law matters.  We also represent construction companies, contractors, architects, and engineers.  We handle legal issues in connection with contract interpretation, including drawings, specifications, change orders and back charges, lien rights and remedies, contract disputes and litigation.  In addition, we have substantial experience in the Private Works Act, the Public Works Act and the Miller Act.  Our lawyers assist industry clients with issues involving performance and payment, bid and retainage bond rights, liability and responsibility.  On behalf of our clients, we have negotiated with owners, general contractors, subcontractors, architects, laborers, material men, bond companies, suppliers, architects, attorneys, bankruptcy trustees, bankers, and public officials.

Commercial Design and Construction

General Contractor & Surety:
  • Defense of a general contractor in a defective commercial construction matter involving the renovation and repair of hotel and convention center atrium
  • Defense of a contractor in personal injury actions files by employees of other contractors working simultaneously at same job site of facility
  • Defense of General Contractor in an arbitration arising out of renovations to Baton Rouge Regional Airport
Design Professional:
  • Defense of architect and sub-consultant in dispute arising out of the design and contract administration of the new construction of elementary school in East Baton Rouge Parish
  • Defense of HVAC manufacturer and designer from claims of defective design of chiller by-pass system brought by St. Tammany Parish School Board
  • Defense of architect in dispute over alleged design defects in the construction of a parish jail
Subcontractor & Material Supplier:
  • Representation of an out-of-state subcontractor in construction defect litigation on the multi-million dollar HUD funded construction of the Southgate Towers
  • Defense of major manufacturer of commercial and industrial HVAC equipment in defending a lawsuit involving toxic mold
  • Defense of a grading and fill subcontractor in a multimillion dollar lawsuit involving an assisted living center in Baton Rouge, Louisiana
  • Representation of roofing subcontractor in litigation involving an apartment complex in Mississippi
  • Defense of a sub-contractor in commercial construction defect litigation involving construction of hotel and conference center on Indian reservation

Owner & Developer:

  • Representation of an automobile dealership in building design and construction defects cases and secured substantial award for remediation of defects
  • Representation of an owner in commercial construction defect litigation involving installation of flashing in multi-story brick veneer building
  • Representation of an owner in commercial construction litigation involving defective site preparatory work at future site of multiple truck stops. Also represented the owner in related design-build contract disputes
  • Representation of an East Baton Rouge Parish housing authority against contractor for breach of contract and construction defects
  • Representation of a soft drink bottler in a major construction dispute regarding issues involving breach of representation and warranties, as well as equipment and construction defects
  • Representation of a major hotel chain in all of its permitting and licensing matters for two hotels constructed in New Orleans

Heavy Civil Design and Construction

  • Representation of general contractor in dispute with subcontractor and material supplier arising out of multimillion dollar sewer project for East Baton Rouge Parish
  • Representation of international pipeline owner in design defect litigation relating to the original construction of a $500 million natural gas pipeline in Southwest, LA
  • Representation of international equipment manufacture in litigation with upstream contractor arising out of levee project of U/S/Army Corps for engineers
  • Representation of A8 qualified general contractor in delay claim arising out of corps of engineering project and breach of a SBA mentor-protegee agreement
  • Representation of city/parish government in lawsuit against multiple contractors, sub-contractors and design professional arising out of the city-wide installation of fiber-optic cable

Industrial Design and Construction

  • Review and revision of a FEED Agreement, and EPC Contract, and other related project contracts as necessary and useful to account for Louisiana law, custom, and usage on behalf of an owner for a project involving design and construction of a mega-project for a group of chemical plants in Southwest Louisiana
  • Representation of an owner for the drafting and negotiation of an EPC contract for design and construction of a hydrogen pipeline in Texas
  • Representation of an owner for the drafting and negotiation of FEED Agreements for design and construction of an ammonia plant in Louisiana
  • Representation of a global refiner in a $20 million case before the Mississippi Supreme Court involving construction claims involving overruns, cardinal changes, and quantum meruit issues. The case involved the dismantling of an ammonia plant in Pascagoula, Mississippi and its reassembly in Pakistan.
  • Representation of a worldwide energy company in construction litigation brought by a global construction firm involving a Baton Rouge industrial facility and related construction of a cogeneration plant
  • Representation of an industrial contractor regarding allegations of breach of representation and warranties related to a multi-million dollar expansion project at a chemical facility in Lake Charles, Louisiana
  • Represented chemical plant owner in industrial construction litigation involving construction of a new MDI-2 production unit
  • Representation of chemical facility in actions adverse to a surety and construction company regarding issues related to construction of a multi-million dollar industrial facility in St. Bernard and Ascension Parishes
  • Representation of a forest products company in defective design and construction claims arising out of a multi-million dollar plant remolding process