Contract Drafting

Construction is a complex industry. Private, public and federal projects are all governed by separate laws. In addition, there are often multiple professionals involved on any one project. Owners, contractors, architects, engineers, subcontractors and suppliers to name a few.

When things don’t go as planned or issues arise regarding responsibility, the potential damages are usually significant.

One way to avoid unnecessary disputes during construction is with a well thought and executed contract that includes a detailed scope of work, payment terms, completion date, delay damages and dispute resolution terms.

Thus, if a disagreement were to arise arise, the contract can be referenced and relied upon to negotiate any potential dispute.

If your construction business does not have written agreement in place or needs assistance understanding an agreement, please contact us today for a free consultation to discuss your options.

Lien Law

The construction industry is the toughest industry to collect payment. However, Louisiana law provides many effective legal remedies under the Private Works Act and the Public Works Act that provide for payment remedies.

Whether you are a contractor, subcontractor or a material supplier, the law provides a remedy for you to get paid.

If your construction company is having trouble getting paid, please contact us today for a free consultation.

Defective Workmanship Claims

Before a residential or commercial building is constructed, an engineer and architect have to approve those plans and specifications.

With that approval comes a set of plans and specifications that will be subcontracted to other specialty contractors.

When those plans and specifications aren’t followed or aren’t drafted properly, the owner has the right to demand that the work be corrected.

Unfortunately, there are often times disputes about the workmanship.

When a contractor fails to perform in accordance with the plans and specifications, that work may be deemed defective and not accepted. Payment will be withheld.

Making matters worse, most insurance policies exclude defective workmanship.

We understand the significance of defective workmanship disputes. If your construction business has a dispute relative to alleged defective work, please contact us today for a free consultation.

Delay and Liquidated Damages Claim

Timeliness is critical with construction projects. And most times, a construction contract has time limits to complete a specific project.

A house needs to be built as agreed upon because a homeowner wants to move in to their house and stop paying rent elsewhere.

A commercial contractor has to complete a project on time because the owner may have a tenant or business that intends to occupy the space at an agreed upon time.

What happens when construction is delayed? Who is at fault for the damages? Is there a good defense for the delay that allows for delay damages to be unenforceable?

Oftentimes, a construction company may face delay or liquidated damages claims when there might be a valid explanation for the delay of construction.

If your construction business is involved with a delay or liquidated damages claims, please contact us today for a free consultation.

Public Project Bid Protests

Louisiana public projects are extremely competitive.

In fact, some construction companies depend solely on public projects for work. Public projects are governed by strict laws.

Louisiana provides a distinct set of laws governing the public bid process. If the bid laws are not strictly adhered to, the public entity is supposed to strike those bids from being awarded the project.

However, sometimes the laws are not strictly adhered too.

Any construction company that bid on the project but was not awarded the contract can dispute the award through a process referred to as a “bid protest”.

If your construction business feels that a public bid was improperly awarded, please contact us today for a free consultation.

Alternative Dispute Resolution

Often times, a construction contract requires mediation and/or arbitration as the sole remedy to any disputes relating to a project.

This is not a courtroom where appeals of decisions are available. Binding arbitration is usually the end result, enforceable in a court in the venue where the arbitration decision was rendered.

The theory for mediation and arbitration in construction disputes is that those disagreement can be quickly addressed and allow the project to move forward to completion.

However, knowing that binding arbitration is the final result, and unappealable, handling those claims is different than would be those cases litigated through traditional means.

If your construction business is involved in a dispute requiring mediation or arbitration, please contact us today for a free consultation.