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 […]

Construction Contracts – Pay Now to Save Later

All to often in my job I am faced with clients who end up in a dispute on a construction project. Whether it be a public or private, commercial or residential, and no matter how large or small the project or contractor, the first question I ask any potential client is - where's the contract? […]

Louisiana Contractors & State Licensing – Home Improvement

Just the other day here at Wolfe Law Group, I had to do so research for a client on the licensing rules for contractors. I deal with these rules daily but this client's issue helped to refresh me. This got me thinking that many contractors and hiring parties do not necessarily know the rules 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 […]

Great Resources on Louisiana Construction Law

I spent a great deal of time over the past five years working hard to provide the Louisiana building industry with a comprehensive construction law resource.   The by-products of that work is this blog, along with our topic and location specific blogs:  Louisiana Construction Law Blog, the Louisiana Green Building Law Blog, and the Chinese […]

Louisiana 2nd Circuit Reiterates Difficulty in Overturning Arbitration Awards

Check out our Arbitration & ADR category of posts at the Louisiana Construction Law Blog, where we discuss cases and statutes applicable to arbitration proceedings and decisions under Louisiana law. The treatment of arbitration clauses and arbitration awards in Louisiana under the Louisiana Arbitration Act is very similiar to how such clauses and awards are […]

Can Contract Time Can Increased By Oral Agreement?

Construction contracts very frequently contain provisions that require all changes orders to be approved in writing. In Louisiana, however, oral modifications to written contracts are allowed despite such provisions. Rhodes Steel Buildings, Inc. v. Walker Const. Co., 813 So.2d 1171. At the trial level in Lantech Construction Co. v. Speed, the court's ruling reflected this […]

Great Resources for Mississippi Construction Law

This afternoon, I was reading a post on Bowie & Jenson's Construction Law Forum blog about problems that may arise when using the same subcontract in more than one state. The case discussed in the blog post regarding the differences in interpretation of a pay when paid clause in Maryland and Virginia. While we don't […]

Owners Cannot Hold Money From Contractor When Work Not In Dispute

It's commonplace in the construction industry for a property owner to withhold final payment from the general contractor disputing the quality of completeness of construction work.   This happens between general and subcontractors as well. All to often, however, the withholding party does this as a tactic, and in fact withholds much more than is […]