Legal Update
What are the effects of performing work as an unlicensed contractor in Louisiana? Michael Lane and Ali Barnes summarized two recent appellate court decisions. Click below to read more:
What are the effects of performing work as an unlicensed contractor in Louisiana? Michael Lane and Ali Barnes summarized two recent appellate court decisions. Click below to read more:
The United States Court of Appeals for the Fifth Circuit recently considered the burden required to defeat summary judgment on a claim brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34.
OSHA changed its guidance that previously required employers to record adverse side effects of employees who are vaccinated. The new guidance, in effect until May 2022, states that the agency will not enforce the requirement to report COVID-19 vaccination side effects so as not to deter workers from getting vaccinated.
When is it too late for a contractor to file a bid protest under the Louisiana Public Bid Law? The Louisiana Second Circuit Court of Appeals recently issued two decisions highlighting the factors courts consider when evaluating the timeliness of bid protest actions.
A federal court recently considered the admissibility of expert testimony in a dispute between the owner of the World War II Museum hotel and several project consultants concerning delays allegedly caused by design errors. In World War II Theatre, Inc. v. Desimone Consulting Engineering Group, LLC, et al., the U.S. District Court for the Eastern District of Louisiana ruled on competing motions to exclude expert testimony.
A recent federal court decision reiterates the importance of employers enforcing employee attendance policies to defend against potential lawsuits. In Weber v. BNSF Railway Company, the U.S. Fifth Circuit affirmed summary judgment disposing of an employee’s failure-to-accommodate claims under the Americans with Disabilities Act (ADA), holding that regular worksite attendance, notwithstanding a diagnosis of epilepsy, was an essential job function.
A federal court recently considered the meaning of the phrase “to submit” in the context of a mediation clause in a construction contract to determine if a suit filed during a mediation was premature.
A recent decision from the Louisiana First Circuit serves as a reminder of the importance of reducing oral lease agreements to writing, as well as under what circumstances a lessor owes a duty to protect a lessee from criminal acts of third persons. The failure to put a lease agreement in writing can make it difficult for a lessee to protect its interests if there is a loss or damage to property, particularly if there is a dispute over the terms of the agreement.
Can an unpaid subcontractor assert lien rights against the lessor or owner of property upon which the subcontractor’s work is performed? It depends on who contracted for and benefited from the work. A Louisiana federal court recently ruled that a hauling subcontractor’s claim under the Louisiana Private Works Act (LPWA) could not be asserted against the owner and lessor of property where excess fill was hauled because the work did not inure to their benefit and they did not have actual control over the project.
Are notice requirements for contractor delays claims always enforceable? Not always. The Louisiana Fourth Circuit recently issued an important decision regarding the enforceability of written notice requirements in a case concerning delay claims, concluding that several factors precluded the project owner from denying claims for lack of timely notice.