Tag: Louisiana
-
Louisiana Lien Law May Not Be Modified By Contract
As we have discussed before, whether or not work relates back can have an enormous impact on lien rights. The priority of a lien stems from the first date of furnishing labor or materials. While a payment dispute may not arise until late in a project, generally, the claim will relate back to the first date…
-
National Disaster Resilience Competition Awards $1B in Funds
Natural disasters create opportunity in the construction industry. While that may sound a bit harsh, property owners recovering from these storms rely on contractors, subs, and suppliers’ eagerness to quickly complete repair work. The construction industry plays a pivotal role in recovery, quite literally rebuilding communities. Because these disasters allow industry members both the opportunity…
-
How to Avoid Issues When Dealing with Contractors Post-Flood in Louisiana
The recent flood in the Baton Rouge area is one of the most devastating natural disasters in recent memory. According to the Baton Rouge Area Chamber’s estimations, over 145,000 homes were affected by the floods. Damage estimates have been enormous, and the effects of the flood have been far reaching. Just about everyone in Louisiana has been affected…
-
Louisiana Claims for Payment Must Follow Procedure
Jumping through procedural hoops is a constant struggle when dealing with lien law and bond claims. Even the smallest misstep can destroy chances at recovery, and failure to meet lien or bond claim deadlines is one of the most common reasons for the dismissal of claims. Like most states, the Bayou State takes procedure very seriously. This was…
-
Louisiana Passes P3 Legislation
What are public-private partnership (P3) projects? P3 projects refer to projects that utilize an ongoing relationship between a public entity and a private partner. These projects go well beyond the hiring of private contractors and suppliers, into the world of investing, leasing, and other long term arrangements. Private funding is an attractive option for governments…
-
Louisiana Lessors Have Disparate Burden To Use Lien Rights
This is a guest editorial post by Kurt Sorensen, the Corporate Credit Director for H&E Equipment. The following was submitted to the Louisiana State Law Institute Security Devices Committee suggesting changes be made to Louisiana’s Private Works Act (i.e. the Louisiana mechanics lien laws). Kurt was recently an instrumental player in lobbying the Mississippi legislature to…
-
Louisiana Supreme Court Silence Confirms Monthly Preliminary Notice Requirement
Generally, a preliminary notice is a one-time deal, if it is sent correctly and by the applicable deadline it doesn’t need to be thought of again. As has been discussed before, however, in some states sending one preliminary notice may not be enough to get the job done. Three states in which multiple preliminary notices may…
-
Material Supplier Notice Case to Louisiana Supreme Court?
Louisiana is, for the most part, a “non-notice state”. This means that traditional preliminary notices due within a short amount of time from the commencement of a project are generally not required. This is not to say, however, that no notices are ever required. To the contrary, there are notice requirements sprinkled throughout Louisiana’s public…
-
Louisiana Mechanics Liens: Monthly Notice Required For Material Suppliers?
Louisiana is generally a “non-notice state,” meaning that the traditional preliminary notice (i.e. must be sent within x days from start of a project) is not required of subcontractors and suppliers. Nevertheless, there are nuanced notice requirements buried throughout the states’ private and public lien statutes. One particular notice, which is sometimes required from material…
-
Lien Law Alert: New Mechanics Lien Foreclosure Period Takes Effect In Louisiana
At the end of last year we wrote about a new law passed in Louisiana affecting the state’s Private Works Act. That law was scheduled to take effect on August 1, 2013, which means that the law goes into effect today. There is little guidance in the Act’s text about whether the law is retroactive…