Insight and Information on Louisiana Law, Litigation, and Legal Culture
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…
The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns. The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported…
In a perfect world, Contractors would only do business with owners, designers, subcontractors, and material suppliers that they know well and trust. No surprises, misunderstandings, or disasters.
In this world, doing business is risky. The trick is to identify and analyze as many of the risks as you can, so that when you take a risk, you know what the risk is, and have some ideas about how to deal with it, should things go badly.
Here are three risks that you always want to identify and analyze:Continue Reading Three Things Every Contractor Should Know Before Signing That Construction Contract for Building Remediation
As Insurance claims continue to be adjusted and paid out, Louisiana residential, commercial, and industrial property owners will begin the process of contracting with Contractors to repair hurricane damage. As you do so, be mindful of Louisiana’s Contractors’ Licensing law and its potential impact on you. First, know that the purpose of the licensing law is to protect Louisiana’s citizens by attempting to ensure that contractors have at least a minimal level of financial resources and insurance coverage, basic construction knowledge, and some accountability for their financial obligations. The benefit to citizens is the initial screening or weeding out of contractors that have absolutely no business in that business. It’s not foolproof, but it does help.
Continue Reading Reminders About Louisiana’s Contractor Licensing Law for Commercial Property Owners
A recent case out of Louisiana’s Fourth Circuit, Meyers v City of New Orleans, 2005-1142 (La.App. 4 Cir. 5/17/06) 932 So.2d 719, writ den., 2006-1530 (La. 9/29/06) — So.2d —-, 2006 WL 2820822, found that a “settled” lawsuit had abandoned before the settlement was completed, leaving the plaintiff with no case to settle.
Louisiana civil procedure generally provides that a lawsuit is “abandoned” if no party takes a step in the prosecution or defense of the case for a period of three years. Louisiana Code of Civil Procedure article 561 and Clark v. State Farm Mut. Auto. Ins. Co., 2000-3010, p. 5-6 (La. 5/15/01); 785 So.2d 779, 784 (La.,2001). Acts in the prosecution or defense of the case sufficient to interrupt abandonment typically require some positive action by a party reflected in the Court’s records and directed toward defending or prosecuting the case on the merits. The abandonment is self-effectuating, meaning that it occurs without any need for action by the Court or a party, but a party is entitled to an Order recognizing the abandonment and dismissing the case.Continue Reading Abandonment of a “Settled” Case?
A recent case out of Louisiana could be big news for general contractors, owners, and insurers. Louisiana’s Second Circuit Court of Appeals agreed with a lower court’s opinion that an upstream contractor was entitled to insurance coverage for the cost of repairing defective work performed by a subcontractor (Broadmoor Anderson v. National Union Fire Insurance of Louisiana).
Continue Reading Insurance Coverage for Defective Workmanship
