I’ve Received Contractor Lawsuit. What Happens Next?

The project is either over or it is winding down, money and tensions are getting tight. Contractors know this scenario very well. The problem arises when a lawsuit is delivered because of the dispute. Many contractors do not know what to do once they receive a lawsuit. This post will outline the possibilities of what happens after the lawsuit is received.

Commercial Debt Collection – How Do I Collect When A Company Owes Me Money?

  In today's business culture we call businesses working with other businesses B2B. It has always been a popular practice to the alternative, business to consumer. The rules are different governing B2B as opposed to B2C. The legal and business world assume that the B2B relationship and players are more sophisticated. This post discusses what […]

The Best Time to Mediate A Dispute is Yesterday

Here on ConstuctionLawMonitor.com I like to blog about non-traditional ways to settle disputes between contractors and other feuding parties. Mediation is my favorite because I am a mediator. Its also my favorite because, generally, its the best and most efficient way to resolve disputes. There are circumstances whereby mediation will not work but that usually […]

Louisiana Litigation Strategy: Offer of Judgment

When litigating in Louisiana, both in State and Federal court there are some interesting tools that can be deployed by both sides of the dispute in order to encourage settlement. The Louisiana version of this codification is more robust than the Federal one, but both are appropriate for discussion in this post. Federal Rule of […]

Construction Contracts: Mediation Is A Great Alternative To Litigation

Mediation and Construction Law are two of my favorite topics to discuss. These are my favorite aspects of the practice of law. Every construction law dispute I encounter starts with the premise of getting contractors paid. No matter the dispute, the underlying factor is withholding of money along the hierarchical chain of characters. Owners need […]

Construction Contracts – What is My Scope of Work?

The importance of your construction contract cannot be understated. Surprisingly, people on all ends of the contracting process don't always understand the importance of the words chosen in their agreement. Whether you're a general contractor, subcontractor or homeowner, you should be familiar with all aspects of your construction contract. Most importantly, you should be able […]

Missed Your Lien Deadline – What Now?

True:  deadlines dictate when it comes to securing your lien rights. False: missing a deadline precludes you from ever recovering the money you are owed. In the construction world, there is no doubt that the deadlines for securing your lien rights are rigid and unforgiving. If you have not filed your lien by the applicable […]

Louisiana Contractors – Workers Compensation Insurance

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. In my everyday practice, I feel like the trend is still prevalent in the construction industry. The main reason being is due to the exorbitant price of this insurance on contractors. Workers Compensation is […]

Mediation! New Service Available at Wolfe Law

Seth J. Smiley, partner at Wolfe Law Group, LLC and author of ConstructionLawMonitor.com is now a formally trained mediator. New Orleans just hosted the AAAU's (American Arbitration Association University), Essential Skills for the New Mediator workshop in downtown, hosted by Neil Carmichael. Why would parties want to mediate a dispute instead of going to court? […]

California Civil Procedure Series – How to File Suit

As an attorney in multiple states (California and Louisiana) there are many overlapping rules and theory of law that are transferable from jurisdiction to jurisdiction. However, there are many local and state wide idiosyncrasies that are not necessarily taught in law school or not easily attainable for pro se or pro per litigants. This post has some helpful […]