Construction

Kean Miller 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. 

We also represent clients in lawsuits, and in arbitration and  mediation.  Recently, we have represented clients in lawsuits involving insurers of engineers and building owners, and suits for and against sub-contractors and architects. 

Representative Experience:
  • Representation of an out-of-state subcontractor in construction defect litigation on the multi-million dollar HUD funded construction of the Southgate Towers.
  • Negotiation and litigation of construction issues with owners, general contractors, subcontractors, laborers, materialmen, suppliers, architects, engineers, attorneys, bankruptcy trustees, bankers and public officials.  We also represent construction clients in lawsuits, arbitration, mediation and alternative dispute resolution. 
  • Representation of clients in cases involving construction disputes, construction defects, owner and/or architect and/or contractor disputes; construction contract disputes, poor workmanship claims, building code violations, state licensing disputes, administrative hearings on licenses and bid disputes.   
  • Representation of industrial contractor in construction litigation involving a polyethylene plant.
  • Representation of a global refiner in a $20 million case before the Mississippi Supreme Court involving construction claims including overruns, cardinal changes, and quantum meruit issues.  The case involved the dismantling of an ammonia plant in Pascagoula, Mississippi and its reassembly in Pakistan.   The case was affirmed on appeal by the Mississippi Supreme Court. 
  • 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 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 an industrial contractor regarding allegations of breach of representations and warranties related to a multi-million dollar expansion project at a chemical facility in Lake Charles, Louisiana. 
  • Representation of a 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 major hotel chain in all of its permitting and licensing matters for two hotels constructed in New Orleans. 
  • Representation of a forest products company in a workmanship and defective design and construction of over $4 million worth of plant remodeling and updating of processes.
  • Representation of an East Baton Rouge Parish housing authority against contractor for breach of contract and construction defects.
  • Representation of a global retailer in disputes with Contractors Licensing Board over qualifications for contractors license and construction of stores.
  • 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 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. 
  • Representation of a plumbing subcontractor in a residential construction litigation matter involving a home.
  • Representation of an automobile dealership in building design and construction defects case and secured substantial award for remediation of defects.
  • Representation of an architect in dispute over alleged design defects in the construction of a parish jail.
  • Defense of a chemical plant owner in industrial construction litigation involving construction of MDI-2 production unit.
  • 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.
  • Defense of a sub-contractor in commercial construction defect litigation involving construction of hotel and conference center.  Also, defended the sub-contractor against allegations of mold damage to property and personal injury.
  • Defense of a contractor in personal injury actions filed by  employees of other contractors working simultaneously at same job site of facility.
  • Representation of a major manufacturer of commercial and industrial HVAC equipment in defending a lawsuit involving toxic mold. 
  • Representation of a contractor in defective residential construction suit.