Services Construction

Kean Miller represents Fortune 500 petrochemical companies and many of Louisiana and Texas’s most successful owners, developers, contractors, lenders, title insurers, self-insurance funds, and other sophisticated construction industry participants in construction law matters. We represent clients in all facets of the construction industry throughout every phase of a construction project, from early design work and planning, through the contracting and procurement phases, cutting edge contracting strategies, contract execution and completion, and post construction dispute resolution. On behalf of our clients, we have represented the interests of owners, general contractors, subcontractors, design professionals, material suppliers, equipment lessors, sureties, bankruptcy trustees, lenders, and public officials. We have particular expertise with claims for defective work, payment disputes, change order disputes, delays and schedule disputes, contractor licensing, Texas’s and Louisiana’s lien law (the Private Works Act), Louisiana’s Public Bid Law and Public Works Act, the Miller Act, and highly complicated multi-party dispute resolution.

Our construction attorneys have represented clients in all manner of industrial projects and project development in Louisiana. As counsel to industry, we have developed unique experience in the negotiation and development of contracts for engineering services, construction, and procurement of modularized projects and equipment with aggregate transaction values in the billions of dollars. We assist project owners in complying with Louisiana law, custom and practice, and in resolving all manner of disputes arising out of those projects. We also have significant experience in resolving disputes arising out of heavy commercial and multi-family construction projects.

In addition, we advise construction industry employers with respect to compliance with federal immigration law, OSHA, state and federal wage payment requirements, including the Federal Fair Labor Standards Act, as well as the Davis-Bacon Act, which applies to employers performing work on certain federally funded construction projects.

Industrial Transactions

• Representation of a LNG facility owner in many aspects of developing and constructing multiple LNG facilities, including crafting EPC Agreements in compliance with Louisiana law.
• Representation of a power industry engineering company in the negotiation of numerous EPC Contracts for electrical substations and transmission assets.
• Representation of a specialty chemical company in all aspects of the planning and execution of specialty chemical plants.
• Representation of a sustainable chemical company in reviewing and negotiating engineering agreements, construction agreements, and material and equipment procurement agreements for the development and improvement of facilities across the country. Recently negotiated a construction agreement for a $1billion sustainable chemical manufacturing facility and assisted with state and federal grants and incentives.

Industrial Litigation

• Representation of non-operating working interest owner in Harris County, Texas lawsuit against the operator, alleging severe cost overruns in the construction of a gas processing facility, securing a multi-million-dollar jury verdict.
• Representation of a manufacturer of industrial gas turbine parts in defending a case involving catastrophic failure of a turbine rotor, in federal court litigation in Georgia, securing favorable settlement.

Commercial Transactions

• Representation of owners and contractors in the negotiation of appropriate design and construction contracts using all manner of standard forms (AIA, EJCDC, Consensus) and custom forms.
• Representation of various faith based non-profit organizations and churches in the negotiation and execution of design and construction contracts for new churches and church buildings.

Commercial Litigation

• Representation of the owners of two adjacent hotels which were damaged by water intrusion in both arbitration and litigation against the design professionals and against various contractors and subcontractors and their respective insurers.
• Representation of a large general contractor in an arbitration against its subcontractor related to claims by the subcontractor of wrongful termination and delay and counterclaims by the general contractor for costs of completion, delay, and construction defects. Obtained award in favor of general contractor and denying all subcontractor’s claims.
• Representation of a large general contractor in a lawsuit against its insurer over the denial of a claim associated with the collapse of a pre-engineered steel building. Filed suit making claims for detrimental reliance, breach of good faith and fair dealing, violations of La. R.S. 22:1892, bad faith breach of contract under La. C.C. art. 1997, and breach of fiduciary duties.  Matter settled pre-trail for client for approximately $1 million.
• Representation of subcontractor in AAA arbitration involving claims for millions of dollars’ worth of change orders for out-of-scope work, schedule delays, and acceleration, in connection with the installation of baggage conveyor systems at a multi-billion-dollar airport terminal construction project in California.

Public Projects Transactions

• Representation of various political subdivisions in the planning and execution of construction projects subject to the Public Bid Law.
• Representation of design professionals and contractors in the negotiation of design and construction contracts with the State of Louisiana and various political subdivisions.
• Representation of contractors challenging and defending project awards under the Public Bid Law, including CMAR projects.

Public Projects Litigation

• Successfully defended a General Contractor where a public owner sued the contractor for breach of contract after the project was completed.
• Successfully represented a General Contractor on a public housing project where the Owner wrongfully terminated the contractor and called on the contractor’s performance bond.
• Successfully represented a municipality for a public project where the contractor had stopped work and walked off the job, and negotiation of an agreement to resume and complete the work.
• Representation of a commercial and general construction company in Louisiana state court concerning a contract payment dispute with a subcontractor for a publicly funded levee improvement project. Assisted with various project liens and negotiated a fair settlement.
• Representation of a commercial and general construction company in Louisiana state court concerning a warranty claim by the public owner arising out of design defects.

Public Works Litigation

• Representation of federal sub-subcontractor is federal court litigation against subcontractor involving claims of wrongful termination, delay, and construction defect on a United States Army Corps of Engineers project to develop a site for mobile home units. The sub-subcontractor also brought Miller Act claims against the prime contractor and sureties. The subcontractor made counterclaims for the cost of completing the sub-subcontractor’s work after the purported termination for default.
• Representation of a municipality in enforcement of payment and performance bonds when the general contractor filed for Chapter 7 Bankruptcy.
• Representation of a contractor in a dispute with a state agency after the agency terminated the contract and called on the contractor’s surety to perform.
• Representation of general contractor in defending Miller Act claims by material supplier on federal construction project.

Residential Transactions

• Representation of a preeminent homebuilder in Baton Rouge in the crafting and negotiation of residential construction and remodeling contracts.

Specialty Licensing

• Assisting contractors and design professionals in applying for the proper licenses and representing contractors and design professionals in administrative hearings before state licensing boards.