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  • The Doctrine of Substantial Performance – Close Only Counts in Horseshoes, Hand Grenades, Atomic Warfare and Construction? In humanity’s never ending quest for perfection, being close to perfect is still failure. If you grew up playing sports you undoubtedly heard a grizzled coach disgustedly say, “[c]lose only counts in horseshoes, hand grenades and atomic warfare.” However, under the Doctrine of Substantial Performance (and the related “Economic Waste” theory), construction projects may be... Continue Reading... ....
  • Bill to Revise and Update the Louisiana Contractor’s Licensing Law moves through the Senate On April 23, 2019, by a vote of 94-0, House Bill 273, which is an overall update and revision to Louisiana’s Contractor’s Licensing Law, passed out of the Louisiana House of Representatives.  The reengrossed version of the bill, including amendments made in the House Committee on Commerce and  those made on the House Floor is... Continue Reading... ....
  • Don’t Throw Out Your Old Construction MSA Just Yet – LA Middle District Holds That the Date of the MSA Controls (Not the Date of the Work Order) For Purposes of Applying the Louisiana Construction Anti-Indemnity Act The Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) generally renders null, void and unenforceable any provision in a construction contract (defined broadly to include design, construction, alteration, renovation, repair, and maintenance) which either: (1) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the indemnitee against the... Continue Reading... ....
  • Louisiana State Licensing Board for Contractors Updated Rules The Louisiana State Licensing Board for Contractors has updated and revised its rules, found in Title 46, Part XXIX of the Louisiana Administrative Code. The Board characterizes these revise rules as intended to simplify and streamline the application and examination process for licensed contractors and those seeking to become licensed contractors. A brief summary of... Continue Reading... ....
  • Court Strikes Down Forum Selection Clause in Construction Contract for Work in Louisiana The United States District Court for the Western District of Louisiana recently relied on Louisiana Revised Statutes 9:2779 in holding unenforceable a mandatory forum selection clause in a construction contract.[1] Pittsburg Tank & Tower Maintenance Co., Inc. (“Pittsburg”) contracted with the Town of Jonesboro (the “Town”) to perform maintenance and repair work on an elevated... Continue Reading... ....
  • Eastern District of Louisiana: Total Work Stoppage Not Necessary for Eichleay Recovery of Extended Home Office Overhead Delays are an unfortunate, but common occurrence on construction projects. These delays are sometimes caused by the project’s owner through change orders, delays in providing equipment and materials, slow response to requests for information, etc. When these delays occur, contractors will often request adjustments to the contract to account for the delay. A major expense... Continue Reading... ....
  • Statutory Employer: A Louisiana Law Primer Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That exclusive remedy also extends to statutory employers. Workers’ compensation legislation was enacted to provide social insurance to compensate victims of industrial accidents,... Continue Reading... ....
  • Enforcing Arbitration Awards in Louisiana When two parties agree to arbitrate, the obvious hope of the prevailing party is that the losing party will voluntarily comply with the arbitrator’s decision. This article is directed towards the situation in which the losing party refuses to so comply, and the prevailing party must petition the appropriate court system to “enforce” the arbitrator’s... Continue Reading... ....
  • Problems in Enforcing Arbitration Clauses Arbitration clauses are extremely common in construction contracts and subcontracts. In the event of a dispute, these clauses typically reflect the parties’ mutual agreement that any disputes arising from the project shall be arbitrated. Arbitration is similar to traditional litigation in many respects, but takes place out of court and is designed to be more... Continue Reading... ....
  • The Pros, Cons and Quirks of Arbitration By the Kean Miller Construction Team Conventional wisdom holds that arbitration is a more preferable mechanism for dispute resolution than full-blown litigation in the court system. Knowing nothing else about the particulars of a particular dispute, if arbitration is available as an alternative to state or federal litigation, we generally advise our clients to arbitrate. However,... Continue Reading... ....