Louisiana law (the Private Works Act – La. R.S. 9:4801, et seq.) does not require project owners to obtain lien waivers or to obtain a clear lien certificate from the clerk of court, but many construction contracts require lien waivers and a clear lien certificate before the contractor will be entitled to
On April 23, 2019, by a vote of 94-0, House Bill 273, which is an overall update and revision to Louisiana’s Contractor’s Licensing Law, passed out of the Louisiana House of Representatives. The reengrossed version of the bill, including amendments made in the House Committee on Commerce and those made on the House Floor is
On May 8, 2019, by a vote of 91-0, House Bill 203, which is an overall update and revision to Louisiana’s Private Works Act, passed out of the Louisiana House of Representatives. The reengrossed version of the bill, including amendments made in the House Committee on Civil Law and Procedure and those made on the
The Louisiana State Licensing Board for Contractors has updated and revised its rules, found in Title 46, Part XXIX of the Louisiana Administrative Code. The Board characterizes these revise rules as intended to simplify and streamline the application and examination process for licensed contractors and those seeking to become licensed contractors. A brief summary of
Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana. This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law, including the New York Convention on the
One of the activities regulated and licensed by the Louisiana State Licensing Board for Contractors is Mold Remediation. Any person engaging in or holding herself/himself out as engaging in mold remediation must have a mold remediation license issued by the Louisiana State Licensing Board for Contractors. Persons violating that prohibition are subject to administrative and
Act 759 of 2014 updated and amended a number of aspects of Louisiana’s Public Bid Law, set out at La. R.S. 38:2212, et seq. The 2014 Amendments included the following:
Background of Louisiana Revised Statute 9:4815
Louisiana has a unique statute in its Private Works Act which requires owners to deposit retainage funds in an interest bearing escrow account for construction contracts over $50,000. While a number of other states have statutory provisions as to how much retainage may be withheld under a construction contract, Louisiana’s statute, which does not regulate those substantive terms, instead dictates how those funds are handled during the course of the project.
The statute, found at Louisiana Revised Statute 9:4815, was added to the Private Works Act by Act 638 of 2010. While the bill as originally introduced applied to all funds withheld from periodic payments by an Owner, the final version of the Act applies only to “retainage.”
Continue Reading Louisiana’s Unique Retainage Escrow Requirements for Construction Contracts
Lawyers often find themselves explaining the concept and process of mediation to clients and other people that have a need for a framework for dispute resolution other than the traditional adversary process. A traditional definition might be something like this:
Mediation is simply the name for a process that brings the parties to a dispute