What is a Construction Change Directive (CCD)?

The construction industry, just as any other industry has its own terminology or lingo. There are many examples such as "punch-list," "lien" and "substantial completion" to name a few. No words are more dreaded than change order. Construction change orders are some of the most litigated and disputed documents in all of construction law.

Hurricane Isaac – Landfall

Hurricane Isaac made landfall today in Louisiana over Plaquemines parish and then it took a turn to the west whereby it went back over open water. As of 11:30 CST the storm is still over the water and the rain bands are pelting the city of New Orleans and surrounding areas. For those who own […]

David v. Goliath – The Difficult Task of Fighting Your Insurance Company

I was recently speaking with a client about the posture of a pending case and the client was surprised to know that nearly all of the insurance companies that were originally brought into the suit had whittled their way out due to policy limitations, lack of coverage and policy exclusions. Most laymen, including contractors and […]

Construction Lien Removal Suit in Louisiana

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege) removed from the title of your property, a Mandamus action. In Louisiana and other states, a Mandamus can be used for a number of things (listed out […]

Contractors Get Good Insurance & Use It!

More and more in my everyday practice I encounter issues with contractor general liability insurance (GL). Whether I am defending a contractor or going after one, there tend to be issues with GL carriers. Here are some tips on coverage and others for contractors who have issues. First and foremost, contractors need to get a […]

Litigation Topics for Prime / Subcontractor Contracts

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. The information is very helpful to contractors and can […]

Tropical Storm Lee – Prepare for Insurance Claims

Contractors and property owners should be very knowledgable of the claims process after a natural disaster. Over the Labor Day weekend the New Orleans metro area, along with southern Louisiana experienced high winds and double-digit rainfall totals due to Tropical Storm Lee. Contractors who have equipment, property and unfinished work need to report any flood, […]

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

In a recent decision, Sloan & Company v. Liberty Mutual Insurance Company ("Sloan"), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Although the court interprets Pennsylvania law, these concepts […]

Is Failure To Achieve LEED Certification Consequential Damages?

The LEED Certification process can be quite complex.   It takes months after a project's completion to get the paperwork process, the paperwork itself can be a heafty stack, and that's not even taking into account the complicated points framework, the certification gray-areas, the de-certification process and more.... (Want a good discussion of all these frustrating […]

Uh-Oh: I Made A LEED Mistake And Don’t Know What To Do

LEED projects are hotter than ever, especially with the amount of public works projects being funded by the Stimulus package. As more and more LEED projects get underway, more and more mistakes occur. Unfortunately, mistakes all too often lead to disputes and litigation. I Don't Get It? LEED What? Here is the readers digest explanation […]