Blog - Page 7

Premises Liability and the Law of Attractive Nuisances

Attractive nuisances are any feature on someone’s personal property that might entice children to trespass onto the property and be injured. In New Orleans, attractive nuisance laws are in place to protect children from injuries. If a child does trespass and is harmed, the law will consider the property owners responsible for creating the situation ...

Filing Liens to Obtain Payment on Public and Private Construction Projects

In Louisiana, the Private Works Act and the Public Works Act grant provisions that help workers obtain payment for services rendered on construction projects. It allows them to file liens on the property where the work was performed (or on the payment bond in public construction projects), which can then be sold to pay them ...

When Punitive Damages May Be Awarded After a Drunk Driving Accident

Every 90 seconds someone is injured by a drunk driver and every 50 minutes, someone dies because of a drunk driving car accident according to statistics from the National Highway Traffic Safety Administration. The rates are staggering & the loss is devastating. Although it can be difficult to recover from a drunk driving personal injury, ...

What Exactly Constitutes a Breach of Contract?

If you have ever wondered what exactly constitutes a “breach of contract,” you are not alone. What Is a Breach of Contract? A breach of contract is defined by Dictionary.com as “an act of breaking the terms set out in a contract.” Although it sounds simple, it can be difficult to navigate remedies for a ...

What You Should Know About Construction-Related Injuries and Deaths

Construction sites can be some of the most promising places, symbolizing growth, innovation, creativity, stewardship, and work ethic. The construction industry provides jobs to over eight million Americans who work together for the benefit of society as a whole. But despite the wonderful opportunities construction jobs provide, there are also many dangerous aspects of those ...

How Can I Challenge a Last Will and Testament in Louisiana?

Questions often arise in probate matters as to the validity of the Last Will and Testament that is being probated. Whether the Testament is valid quite often significantly impacts who will and will not inherit from the estate.  The following is a brief discussion of some of the most common legal issues involving challenges to ...

Types of Succession in Louisiana

What is a “Succession?” This is a common question people have after someone passes away. Basically, a succession is the legal process of dealing with the assets and liabilities left behind after someone passes. Under Louisiana law, there are different procedures that can be used to complete the succession process depending on the circumstances. These include: ...

Private Works Construction Projects: Determining the Effective Date of Substantial Completion

Multiple parties to a construction project are affected by the filing of statements of claim or privilege on immovable property where work, labor, and/or materials are provided. The timely filing of statements of claim or privilege on property often depends upon “substantial completion.” The Notice of Substantial Completion or Notice of Termination of Work is ...

Court Decision Specifies Ways in Which a Construction Contract Can Be Modified

In Driver Pipeline Co., Inc. v. Cadeville Gas Storage, LLC, the Second Circuit Court of Appeal held that a written construction contract may be modified by the parties through oral agreement or their conduct, even when the contract provides that change orders must be in writing. In Driver, the contractor, Driver Pipeline Co., Inc., entered ...