News And Updates

Marking an important change in U.S. intellectual property law and the construction industry, on December 1, 1990, President George  H.  W.  Bush  signed  into  law  the  Architectural  Works Copyright    Protection   Act    (“AWCPA”),    extending    federal copyright  protection  to architectural  works.  Specifically,  the AWCPA protects the nonfunctional, artistic features of original architectural designs represented in virtually any...

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...]

The Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court have been engaged in an extended “conversation” about the significance or the necessity of filing a statement of claim (“lien”) under the Louisiana Public Works Act, a conversation which is turning lien law as practiced for 30 years by Louisiana construction lawyers on...

In a recent appellate decision obtained by Shields | Mott L.L.P., the Louisiana Fourth Circuit Court of Appeal held that cancellation of a Louisiana Private Works Act lien was manifestly erroneous where a contractor  met all proper lien requirements, particularly the requirement of reasonably itemizing the elements comprising its claim.  In 225 Baronne Complex, LLC...

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