Daniel Lund III | Phelps Dunbar The Louisiana Fifth Circuit Court of Appeal was faced with a residential construction contract dispute concerning the construction of a new home. Pivotal to the dispute was an occupancy clause in the general contract, which declared: “Owner agrees not to occupy the Home until contractor is paid in full.”… Continue reading You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Tag: Louisiana
Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment
Susan Eccles and Katelin Varnado | Adams & Reese Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in Louisiana. The Court’s ruling in Gregory Chank v. Starr Indemnity & Liability Insurance Company, et. al. underscores a plaintiff’s obligation… Continue reading Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment
Louisiana Legislature Grants Sureties the Right to Raise Contractor Defenses, Including “Pay-If-Paid”
Mark Frilot, Max Hadley and Mark Mercante | Baker Donelson Governor Landry recently signed into law two legislative acts that should allow Private Works Act and Public Works Act payment bond sureties to rely on defenses available to their general contractor principals in defense of sub-tier payment claims, including “Pay-If-Paid” provisions contained in the general… Continue reading Louisiana Legislature Grants Sureties the Right to Raise Contractor Defenses, Including “Pay-If-Paid”
LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Caroline F. Crosby and Hunter Williams C. | Phelps Dunbar The Louisiana Supreme Court recently ruled that an insurance policy’s two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period for a policyholder’s bad faith claim against the insurer, even though the claim otherwise would have a 10-year prescriptive period. In 2023,… Continue reading LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Construction Litigation Roundup: “We Will Get You Paid!”
Daniel Lund III | Phelps Dunbar The Louisiana legislature enacted several years ago a mandamus statute geared at promoting payment to contractors engaged in public works projects in the state. Louisiana Revised Statute 38:2191 provides for mandamus – a summary procedure – for an aggrieved contractor to pursue payment plus attorney’s fees and interest when… Continue reading Construction Litigation Roundup: “We Will Get You Paid!”