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!”
Tag: Louisiana
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”
Louisiana Issues Construction Code Changes, Effective Jan. 1, 2023
Susan N. Eccles and Katelin Varnado | Adams and Reese Businesses across the construction industry need to be aware that Louisiana has implemented updates and changes to its Louisiana State Uniform Construction Code, effective Jan. 1, 2023. The purpose of adopting and amending the current construction codes is to replace them with the more recent 2021… Continue reading Louisiana Issues Construction Code Changes, Effective Jan. 1, 2023