Baton Rouge & New Orleans Construction Law Lawyers Kean Miller LLP Home
View Recent Blog Posts in Construction
- Should I Stay Or Should I Geaux (By Dismissal)? The Louisiana First Circuit Court of Appeal's Latest Application of Arbitration Clauses in Crosby In Crosby, as the Trustee of Aaron Guidry Trust and Trustee of the Lauren Guidry Trust, Guidry and Guidry v. Crosby Enterprises, LLC, Crosby Dredging, LLC, Tala Air Logistics, LLC, Crosby Holding, LLC, Crosby, Trosclair, and Dufrene, 2023-1338 (La. App. 1 Cir. 8/9/24), 2024 WL 3733158, — So.3d —. a five judge panel of the... Continue Reading...
- Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master Services Agreement filed before a judicial finding of liability or loss is not premature. The Court explained "[w]e hold that a claim for indemnity raised... Continue Reading...
- Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects and Contract Administrators Have No Duty to Safeguard Injury of a Subcontractor Based Upon Contract Documents Words are powerful. Being acutely aware of word choice and precise language in contracts is key to a successful agreement. Even in the world of construction, words matter as shown by the recent Louisiana Supreme Court case, Gustavo Bonilla v. Verges Rome Architects—A Professional Architectural Corporation, et al., 2023-0928 (La. 3/22/24), 2024 WL 1229219, — So.3d.... Continue Reading...
- 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...
