Blog – Page 2 – Shields Law Partners – New Orleans Construction Law Attorneys

Blog ELG Surety LawThe General Agreement Of Indemnity Collateral Security Provision: If You Try Sometimes, You Might Find, You Get What You Need

May 3, 2019by Betsy Gordon

Surety bonds are a primary, if not mandatory, component of every-day construction projects. While commercial insurers on a construction project expect losses and adjust insurance rates to cover such losses depending on many factors, sureties do not expect to pay out-of-pocket for bond losses and, instead, require principals and indemnitors to exonerate, indemnify, and often defend sureties in the event of a loss or anticipated loss. As such, a general agreement of indemnity in favor of the surety usually goes hand-in-hand with the issuance of construction surety bonds. [Read More...]

Blog Louisiana Construction LawHow to Seek Interest and Attorneys’ Fees Against Slow-Paying Public Entities

January 15, 2019by Shields Law Partners

Effective August 2018, the Louisiana Legislature amended the “Prompt Pay” statute in the Public Works Act, allowing contractors to compel public entities to pay progressive stage payments and final payments via mandamus proceeding, including interest and attorneys’ fees. When a public entity fails to timely pay a contractor and certain deadlines lapse, a contractor can file proceedings to force the public entity to pay, collect interest of up to 15% of the outstanding payment application, and potentially reasonable attorney’s fees. Public entities have become aware of these changes and are responding quickly because of the onerous interest charges. [Read More...]

Blog Louisiana Construction LawESI: The Odyssey — Part 2: A Brief Meditation on Metadata

November 1, 2018by Shields Law Partners

Metadata generally refers to the data surrounding the creation and use of a document, such as file name, format, location, dates and permissions. In other words, it encompasses the identifying characteristics of a file that are not evident just by looking at the file itself. For example, every time you create, open or save a Microsoft Word document, hidden information is automatically created and stored in that document. In addition to the data that is automatically added, there is other metadata that is user-introduced, such as hidden text, track changes, embedded objects, and so on. Of course, metadata does not only reside in Microsoft Word documents. [Read More...]

Blog Louisiana Construction LawESI: The Odyssey — Part 1: Know Your Hash Value

October 12, 2018by Shields Law Partners

The very nature of electronic evidence poses numerous, unique challenges to the discovery process and the admission of electronic evidence. ESI, like any information, is discoverable in litigation, but one of the things that makes ESI different is its sheer volume. The vast majority of newly produced information is created and stored electronically. When you combine this with the relative affordability of cloud storage, a staggering number of electronic documents are being created and stored, even by small business clients. Thus, discovery in litigation, even in cases in which the amount of controversy is relatively modest, can embrace huge quantities of data. [Read More...]

Blog Louisiana Construction Law Newsletter ArticlesSchool Board Must Pay Retainage Regardless Of Liquidated Damages Claim. And, Soon Public Entities May Have to Pay Interest On The Retainage Too!

July 31, 2018by Shields Law Partners

Louisiana Fourth Circuit Court of Appeals (“Court”) held that a public entity, the Orleans Parish School Board (“School Board”), had to promptly make the final payment of retainage to a Public Works contractor, Woodrow Wilson Construction, LLC (“Woodrow”), despite the fact that the School Board claimed it had a right to withhold liquidated damages from Woodrow per their contract (“Contract”). [Read More...]

Blog Louisiana Construction LawMaterials Suppliers Beware of La. R.S. 9:4802(G)

April 3, 2018by Shields Law Partners

In a recent appellate decision obtained by Shields | Mott LLP, the Louisiana Fourth Circuit Court of Appeal made clear that “La. R.S. 9:4802(G)(3) requires that the seller of movables provide notice of nonpayment to the owner and general contractor in order to preserve the right to a lien.” [Read More...]

ALR BlogWho’s Responsible for the Protection of the Construction Site and Materials During the Surety’s Investigation into a Contractor’s Default? The Owner or the Surety?

November 9, 2017by Shields Law Partners

Read the bond. Read the bond again. And once again, for good measure. But sometimes the performance bond alone does not give all the answers, particularly in the context of a contentious project default. [Read More...]

Blog Louisiana Construction LawA 1099 May Not Be Enough For Contractors To Avoid Liability Under The Fair Labor Standards Act For Their “Independent Contractors.”

July 26, 2017by Shields Law Partners

In the construction industry, it is not uncommon for subcontractors or labor providers to classify general laborers or workers as independent contractors. However, this simple classification as an independent contractor may not be enough. [Read More...]

ALR Blog Louisiana Construction LawNo Contractor’s License? No Private Works Act Privilege

June 26, 2017by Shields Law Partners

A recent decision of the Louisiana Second Circuit Court of Appeal underscores the importance of maintaining a valid contractor’s license - - and the consequences that an inactive license can have with respect to recourse under the Louisiana Private Works Act. [Read More...]

BlogNew Orleans Rental Registry – What is it and is it legal?

June 19, 2017by Shields Law Partners

On January 18, 2017, the New Orleans City Council’s Community Development Committee submitted proposed rental regulations to the City Council in an effort to regulate rental properties. The proposed rental regulations are now before the City Council for final passage.[Read More...]

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