The rules and requirements for construction projects in Louisiana are set down by one of two key laws enacted by the state legislature: the Private Works Act and the Public Works Act. Knowing which law governs your project is crucial to both earning a profit and defending your legal rights during and after the bidding …
Private/Public Projects
There are two manners that any construction project is analyzed for from a legal perspective: private or public. This is important from a construction law standpoint in order to determine which statutory scheme governs the party’s rights. The Louisiana legislature enacted both the Louisiana Private Works Act, which governs private projects, and the Louisiana Public …
How the Louisiana Private Works Act Can Help You Get Paid
When you’ve completed work on a construction project, you deserve to get paid. Unfortunately, actually receiving payment in the construction industry can be difficult in the best of times, and clients dragging their feet could put your livelihood in jeopardy. Thankfully, the Louisiana Private Works Act offers a solution to subcontractors, laborers, or other workers …
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 …
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 …