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- Louisiana 811: A Summary of Louisiana's Dig Law We've all seen the commercials: "Call before you dig." But how does calling 811 before you dig help, and what's required for underground facility owners and contractors performing excavation work? Continue reading for a brief summary of the Louisiana Underground Utilities and Facilities Damage Prevention Law (La. R.S. 40:1749.11, et seq.) ("Dig Law"). The stated... Continue Reading...
- Construction Contractors Beware: Modifications Made to Certain Time Periods Under the Louisiana Public Works Act in the 2022 Legislative Session The Louisiana Public Works Act ("LPWA"), La. R.S. 38:2241, et seq., protects the rights of contractors and others relating to the construction of public works projects for the state, any of its boards, agencies, and political subdivisions. August 1, 2022 not only marks the beginning of the end of summer 2022, but also the effective... Continue Reading...
- Important New U.S. Supreme Court Opinion Holding Prejudice No Longer Required To Show Waiver Of Arbitration Agreements In the recent unanimous United States Supreme Court opinion, Morgan v. Sundance, Inc., No. 21-328, 2022 WL 1611788 (2022), issued May 23, 2022, the Court abrogated existing case law and held that prejudice is not a condition of finding that a party, by litigating too long, waived its rights to stay litigation or compel arbitration... Continue Reading...
- Liens Filed by Unlicensed Contractors are Invalid The Louisiana Private Works Act ("LPWA") [1] provides helpful security to unpaid contractors, subcontractors, and suppliers. In particular, it can provide persons that have no contract with the owner a direct claim against the owner for payment and provides both those with and without direct contracts with the owner a privilege or lien on the... Continue Reading...
- "Good as Gold or Fool's Gold – What Does It Mean to an Owner for a Contractor to be Licensed, Bonded, and Insured?" Trippe Hawthorne, a partner, and construction lawyer at Kean Miller, was a featured author for the American College of Real Estate Lawyers (ACREL), where he wrote on the subject of contractors and what it means to be licensed, insured, and bonded. Many property owners see this nomenclature in marketing and promotional materials for General Contractors,... Continue Reading...
- Dear Texas Contractors: We Sure Could Use Your Help, but Remember That We Do Things a Little Different Over Here – Sincerely, Southwest Louisiana In the aftermath of hurricanes Laura and Delta, Southwest Louisiana is faced with a widespread reconstruction project the size of which it has not seen in quite a while. While never afraid to roll up the sleeves and get to work, this time the demand for contractors exceeds the local supply. Welcoming help from each... Continue Reading...
- Louisiana Fifth Circuit Disagrees with First Circuit; Holds Construction Anti-Indemnity Act Applicable to Insurance Requirements of Public Contracts In a recent decision disagreeing with the First Circuit, the Louisiana Court of Appeal, Fifth Circuit held that (subject to certain exceptions) the Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) (the "LCAIA") is applicable to contracts awarded pursuant to the Public Works Act and prohibits a public entity from requiring a contractor to purchase insurance... Continue Reading...
- Louisiana Lien Waivers and Clear Lien Certificates – What Good are They to Owners? Louisiana law (the Private Works Act – La. R.S. 9:4801, et seq.) does not require project owners to obtain lien waivers or to obtain a clear lien certificate from the clerk of court, but many construction contracts require lien waivers and a clear lien certificate before the contractor will be entitled to final payment. The... Continue Reading...
- 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...
