View Recent Blog Posts in Construction

  • Louisiana Unfair Trade Practices and Consumer Protection Act Training Required for Mold Remediation Licensing By Trippe Hawthorne One of the activities regulated and licensed by the Louisiana State Licensing Board for Contractors is Mold Remediation.  Any person engaging in or holding herself/himself out as engaging in mold remediation must have a mold remediation license issued by the Louisiana State Licensing Board for Contractors.  Persons violating that prohibition are subject [...] Continue Reading... ....
  • U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding By Brittany Buckley Salup Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana.  The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, [...] Continue Reading... ....
  • The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays By Claire Juneau On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to [...] Continue Reading... ....
  • Partial Certificates of Substantial Completion – a “Trap for the Unwary” By David K. Nelson Louisiana law is clear – all claims against a contractor or design professional arising out of the planning, construction, design or building immovable or movable property must be brought within 5 years of the date of registry in the mortgage office of acceptance of the work by the owner.  If no such [...] Continue Reading... ....
  • Contract Claims Still Viable for “Imperfect” Contractors under the Louisiana Public Works Act By Jessica Engler On May 3, 2016, the Louisiana Supreme Court held that the notice and recordation requirements of the Louisiana Public Works Act do not bar a suit on contract by a subcontractor against the general contractor’s surety. The Court’s opinion is nuanced, and dependent on the meaning and word choice of certain terms [...] Continue Reading... ....
  • Third Circuit Rules on Louisiana’s Construction Anti-Indemnity Statute By Josh Coleman On April 6, 2016, Louisiana’s Third Circuit Court of Appeal issued a ruling on the question of whether the state’s relatively new anti-indemnity statute affects a defendant’s ability to assert the “statutory employer” defense for purposes of workers compensation. Blanks v. Entergy Gulf States Louisiana, LLC, No. 15-1094, — So.3d —-, 2016 [...] Continue Reading... ....
  • Proper Form and Content of a Louisiana Private Works Act Lien By Josh Coleman Louisiana’s Private Works Act [1] allows an unpaid contractor, subcontractor, or material supplier to file a “statement of claim or privilege” (i.e., lien) upon the property improved by their work or materials. A properly filed lien in the amount of the unpaid balance can then form the basis for a lawsuit against [...] Continue Reading... ....
  • A More Streamlined, Cost-Effective, Tightly Managed Arbitration Procedure? The 2015 Amendments to the AAA Construction Arbitration Rules By Mallory McKnight Fuller Parties to a construction contract often expressly agree that any disputes shall be resolved through arbitration. Traditionally, construction entities have placed these “arbitration clauses” into their contract under the belief that arbitration would lead to the resolution of a dispute in a manner quicker and cheaper than a state or federal [...] Continue Reading... ....
  • Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law” By David K. Nelson* Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more timely. Regardless of its potential benefits, [...] Continue Reading... ....
  • New Federal Regulations Seek Federal Contractor Assistance with Preventing Human Trafficking By Jessica Engler  On March 2, 2015, new federal regulations went into effect which seek to strengthen the protections against human trafficking. A large part of these new regulations, which are updates to the Federal Acquisition Regulation (“FAR”), provide a stronger framework to discourage federal contractor employers from trafficking workers into the country illegally. Since [...] Continue Reading... ....