Louisiana Public Contract Law: Material Supplier Notice Requirement

In Louisiana public contracts and jobs have been gaining momentum for my clients. Over the past few years there has been a spike in public work and as these jobs reach completion contractors, subcontractors, equipment lessors, laborers and materials suppliers are forced to become well versed in the layout of the public bid law.

Joint Check Agreements On Construction Projects: What Suppliers Need To Know

Joint check agreements are very popular in the construction industry. In fact, many folks mistakenly believe that joint check agreements are exclusively a construction industry instrument.  Many folks also believe that joint check agreements are all the same, that there is standardized agreement language and rules, that they offer a lot of payment security, and […]

In The Pipeline – Changes in Louisiana Construction Law

If there is any one constant in the legal profession, it is that the law is an ever-evolving, dynamic thing. While there are some general principles that tend to not change all that drastically over the years, the devil truly is in the details. Having to keep abreast of these changes is why you'll hear […]

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 […]

Scott Wolfe Quoted in New Orleans City Business Article About Delays When Paying Subcontractors

Subcontractor non-payment is something very familiar to me. It's been written about here on the Construction Law Monitor (especially with regard to how pay when paid clauses affect subcontractor payments), and it's something my other blog (the Construction Lien Blog) focuses on exclusively in its discussion of mechanic liens. So it's no surprise that New […]

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 […]

3 Legal Concepts That Are Counter-Intuitive…and Dangerous

Sometimes the best blog posts and legal articles are the simplest.   Take, for example, a post from early October by Joshua Glazov on his Construction Law Today blog, where he simply cites a 1941 quote from US Supreme Court Justice Robert Jackson: The legal profession, like many another, tends to become over-professionalized.  We forget that […]

How To Take Advantage Of New Retainage Laws in Louisiana

Earlier this week, we wrote about the new Retainage Law in Louisiana.   It's a remarkable change in the status quo from the perspective of general contractors, taking all retainage out the hands of the property owner and placing it into an interest earning escrow account. However, whether the law is productive for your construction company […]

New Retainage Rules in Louisiana Protect General Contractors

As pointed out last month by our friends at the Louisiana Construction Law Blog (Blogspot), Louisiana just passed new retainage rules that became law on August 15, 2010.    The act (SB 218) amends the Private Works Act to add §9:4815, requiring property owners to place "retainage" in escrow accounts. It's a remarkable change of […]