Construction Law

Construction Contracts

Construction contracts are often cumbersome and include many important provisions that can make or break your project when something goes wrong. The first step of any construction project is the preparation of a good contract. Failing to have a comprehensive contract that adequately explains the duties and responsibilities of the parties and clearly sets forth your rights and remedies when something goes wrong will often lead to major consequences when problems on the project arise.

We assist clients (including owners and contractors) with drafting, negotiating, and reviewing construction contracts. Our attorneys have experience drafting contracts to suit your project, as well as navigating, negotiating, and modifying American Institute of Architects (“AIA”) contracts. Our attorneys are prepared to assist you with drafting, negotiating, and reviewing the contract for your next project.

Construction Contract Disputes

Construction contract disputes are complex, often involve many parties, and regularly include more than one type of dispute. These disputes frequently involve payment claims, defective performance claims, and delay claims all at the same time. Additionally, construction contract disputes typically involve multiple tiers of contractors (i.e., general contractors, subcontractors, and sub-subcontractors) facing liability.

When faced with a construction contract dispute, it is imperative to have counsel who understands construction projects, the different parties involved, and the contracts governing their relationships. Our firm has experience representing clients in all aspects of a construction project, including general contractors, owners, sub-tier contractors, and their sureties. Our lawyers understand construction projects and are prepared to help you navigate contract disputes before, during, and after litigation or arbitration.

Payment Bond Claims

Our firm is experienced in prosecuting and defending payment bond claims under both Louisiana law (Louisiana Private Works Act and Louisiana Public Works Act) and federal law (the Miller Act) on behalf of contractors, owners, and sureties. Our attorneys understand the complex relationships between general contractors, owners, subcontractors, and sureties and are prepared to protect your interests when payment disputes arise.

Construction Liens

We assist clients in the preparation, filing, and execution of construction liens under the Louisiana Private Works Act or the Louisiana Public Works Act. Our attorneys can prepare and file your statement of claim and privilege to preserve your claims under Louisiana’s construction lien law, and later file suit to enforce your lien. We are also well-equipped to challenge liens that are defective or improperly filed.

Delay Claims

Construction delays can have disastrous consequences for your project. For owners, longer project delays may incur substantial losses in future income, increased financing costs, and other damages. Such losses can cause a contractor to become liable for large, often unpredictable sums. For contractors, project delays can significantly impact the bottom line by increasing material and labor costs, and they may even result in liquidated damages for delays.

However, not every delay falls on the contractor. Determining who bears responsibility for a delay is often complicated, depending on the terms of your contract and various project factors. Our attorneys are experienced in navigating complex delay claims and can help you avoid significant liability when delays occur.

Construction Defect Claims

Construction defect claims can also have serious consequences. Construction defects often require the contractor to bear the cost of correcting the defect. However, understanding the nature and cause of a construction defect is crucial. Defects can result from poor workmanship, defective materials, or defective designs.

For example, in Louisiana, a contractor who follows the project’s plans and specifications cannot be held liable for a defect. In such cases, it is vital for the contractor or owner to determine the root cause of the defect. Our attorneys have experience defending and prosecuting construction defect claims and are prepared to help contractors and owners navigate these claims effectively.

Surety Bond Claims

In Louisiana, payment and performance bonds are essential (and sometimes required) for all projects exceeding $100,000.00. When a sub-tier contractor makes a payment claim (whether entitled to payment or not), the payment bond surety looks to the contractor. Similarly, defective performance issues arise under performance bonds. Under most indemnity agreements, the contractor is required to indemnify the surety for any losses. This often means that when a surety bond claim is disputable, the surety will “tender defense” to the contractor, who must then defend the claim at their own cost.

Our firm has represented many contractors and their sureties under a tender of defense when claims are made on the surety bond. If a surety bond claim has been asserted on your project, our attorneys are ready to defend both you and your surety.