Trippe Hawthorne

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Trippe Hawthorne, a partner, and construction lawyer at Kean Miller, was a featured author for the American College of Real Estate Lawyers (ACREL), where he wrote on the subject of contractors and what it means to be licensed, insured, and bonded. Many property owners see this nomenclature in marketing and promotional materials for General…

The practice of engineering is regulated through licensure in all states.  Whether and under what conditions a state will allow engineers to practice through limited liability entities (“LLEs”) (e.g., corporations, limited liability companies, and limited liability partnerships) varies from state to state:

  • Some states do not regulate engineering LLEs at all.
  • Some states

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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…

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