Picture of Thomas D. Bourgeois Jr.

Thomas D. Bourgeois, Jr.


On attack or defense and when immediate tactical negotiation and/or a lawsuit is the only way to safeguard his client’s ROI, Louisiana construction industry state and federal court litigator, Beau Bourgeois, delivers the earned skill, depth of practice, creativity, and focus required to guide industry constituents through their most ambitious, mission-critical construction law and litigation matters.

Beau is known for his smart instincts and streamlined solutions when navigating clients through every phase of project development and dispute resolution. From proactive dispute avoidance counseling and the development of customized, actionable protocols that mitigate the potential for litigation through immediate strategic posturing and problem solving that conserves client time and resources and assuages costly project disruptions, Beau is that trusted advisor, effective advocate, and formidable litigator in and out of court.

Appreciated for being particularly effective when called upon to step in and quickly resolve disputes without disrupting ongoing construction and before a lawsuit can even be filed, Beau has succeeded in eliminating acrimony that is already intense and escalating in real-time. He takes every action to ensure early resolution through informal negotiation, mediation, and arbitration, and in preparing clients for presentations before dispute resolution boards. Recognizing that litigation costs can mount rapidly, Beau carefully plans discovery, motion work, and trial preparation with a focus on maximizing client resources at every stage of development.

Property owners, general contractors, and subcontractors in the private and public sectors and industrial and commercial markets rely upon Beau to guide them through all phases of the construction life cycle. He brings the experience, success, and track record of favorable outcomes to support and defend projects that are small and large scale alike – some of which include extensive financial investment, multiple tracks of land, and many moving parts, players, constituents, and contingencies.

In addition to his litigation prowess, Beau delivers the breadth and depth of construction law and industry acumen his clients need to navigate the legalities of leveraging opportunity and mitigating risk. His practice also includes assisting with licensing matters, negotiating and drafting all types of construction agreements, consulting on public bid projects and protests, and providing actionable solutions grounded in sound legal theory, practical business know-how, and a multi-dimensional understanding of all phases of the construction life cycle.

Beau negotiates, drafts, and closes the full range of construction, design, EPC, and other professional service contracts, including indemnity provisions and insurance requirements, progress and final payments, and project closeout and warranty provisions. He delivers counsel that is both interactive and efficient when it comes to detecting problems early on and identifying, assessing, and balancing risk versus reward.

Moreover, Beau knows how to help clients leverage the legalities and challenges associated with today’s supply chain disruption, rising manufacturing and material costs, labor shortages, and expanding regulatory pressures. He knows how to cut through the “red tape” associated with permitting and licensing and is experienced in dealing with shifting economic conditions. Beau is also appreciated for his efficient and cost-effective investigation of disputes and for negotiation that concludes in the best possible result for his client.

Representative Experience

Beau guides all types of construction industry clients through:

  • Litigation, arbitration, and mediation of construction disputes
  • Licensing, entitlements, development rights, permitting, and variances
  • Public contracting, protests, advocacy, and litigation
  • Negotiation and drafting of construction contracts, including prime, construction, design-build, architect/engineer, construction management, and EPC contracts, as well as all related subcontracts 
  • Documentation of project pricing, such as lump sum, cost-plus, or other basis and standard form AIA, AGC, or EJDC agreements
  • Project insurance and bonding, including commercial general liability, property and professional liability, and pollution liability (i.e., mold), among other examples
  • Execution, recording, and service of preliminary notices, mechanic’s liens, statements of claim or privilege, stop notices and construction bonds, perfection of claims, and disbursement obligations
  • Lien foreclosure, stop notice, and bond enforcement actions
  • Claims avoidance strategy and documentation protocols
  • Dealing with requests for information, unforeseen site conditions, change order proposals, and scheduling conflicts
  • Project close-outs, remaining liens, and outstanding collections
  • Post-construction ongoing or new lawsuit management involving breach of contract or warranty, construction or design defects, delays, extra work, and fraud or false claims
  • Additional crossclaims that trigger insurance coverage
  • Negotiation and drafting of settlement agreements 
  • Advocated client interests in court-ordered and/or voluntary mediation
  • LSU Law Center, J.D./D.C.L., summa cum laude, 2016
    • Member, Order of the Coif
    • Member, Issue Editor, Louisiana Law Review
  • Tulane University, A.B. Freeman School of Business University, B.S.M., cum laude, 2013
  • Louisiana
  • Texas
  • United States District Courts for the Eastern, Middle and Western Districts of Louisiana
  • United States Court of Appeals, Fifth Circuit
  • Member, American Bar Association
  • Member, Baton Rouge Bar Association
  • Member, Federal Bar Association
  • Member, Louisiana Bar Association
  • Member, Louisiana State Bar Association
Articles, Publication and Presentations
  • "Ones to Watch" Commercial Litigation, The Best Lawyers in America, 2024
  • "Rising Star," Louisiana Super Lawyers, 2023
Community Service
  • Member, Board of Directors, Big Buddy Program
  • Alumni, Leadership Baton Rouge
Super Lawyers
Beau Bourgeois
Rated by Super Lawyers

loading ...