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!”

Construction Litigation Roundup: “Sudden Death”

Daniel Lund III | Phelps Dunbar It’s not football, though. Rather, just when you thought it was safe in Louisiana to wait to file a garden-variety construction contract payment claim, an appellate court slams the door on it – applying a statute of “repose” to your claim. “Personal actions” – such as an action on… Continue reading Construction Litigation Roundup: “Sudden Death”

Construction Litigation Roundup: “Muddled Results?”

Daniel Lund III | Phelps Dunbar Muddled results? After milling about the site for quite some time, a subcontractor on an Army Corps of Engineers excavation project in Louisiana filed a Miller Act claim against the general contractor’s bond. According to the subcontractor, the 1,000,000 yd.³ project – which was slated for 15 months –… Continue reading Construction Litigation Roundup: “Muddled Results?”

Construction Litigation Roundup: “Just Say When”

Daniel Lund III | Phelps Dunbar Just say when. Two decisions issued on the same day in the same matter by a Louisiana state appellate court preserved claims against a backdrop of contractual claims provisions that seemed not to have been followed, and a statute of limitations which seemed to have expired. The decisions reversed… Continue reading Construction Litigation Roundup: “Just Say When”

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