The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master Services Agreement filed before a judicial finding of liability or loss is not premature. The Court explained “[w]e hold that a claim for indemnity
In the aftermath of hurricanes Laura and Delta, Southwest Louisiana is faced with a widespread reconstruction project the size of which it has not seen in quite a while. While never afraid to roll up the sleeves and get to work, this time the demand for contractors exceeds the local supply. Welcoming help from each
Earlier this week, the Texas Supreme Court and the Texas Court of Criminal Appeals issued an emergency order to allow the courts affected by the disaster to suspend regular court procedures and deadlines. The order is effective for one month and states in part:
Pursuant to Section 22.0035(b) of the Texas Government Code, all courts
Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not.
It should be easy enough for the persons signing the contract to confirm their respective names. It is not as
A number of construction industry trade groups or associations, such as the American Institute of Architects (AIA) and the Design-Build Institute of America (DBIA), among others, have developed a variety of “standard form” construction contracts that have been used in the industry for many years, and are periodically updated. When engaging an architect or contractor, many owners are requested to sign these standard form agreements. Continue Reading Using and Modifying Industry Form Construction Contracts
Is it possibile that the contractual agreement limiting the time within which an owner must file suit to enforce a private works performance bond may be unenforceable in Louisiana? We cannot predict how a judge or jury would decide the issue but humbly suggest it is this type of gray area that warrants more consideration