New Orleans Construction Dispute Lawyers

Construction Dispute Law in Louisiana

When the owner of some real estate and a contractor enter an agreement for a construction project in New Orleans, Louisiana, be it a house, landscaping project, or wide office building, there's always a chance that issues will come up, no matter how careful everyone is. A few minor setbacks are almost inevitable, in fact.

Most often, the owners of land and contractors can end disagreements before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, usually requiring the party that causes a delay or other problem to pay the other party a set fee.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get involved. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (generally enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Litigation of a New Orleans, Louisiana construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in New Orleans, Louisiana

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a certain date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award further damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very critical to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This allows the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a New Orleans, Louisiana Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced New Orleans, Louisiana real estate attorney might mean the difference between success or failure in your business ventures.

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Life in New Orleans

New Orleans is the largest city in the State of Louisiana and know to most as "The Big Easy" but locals just call it "Nawlins." Despite natural disasters of the past few years, New Orleans has rebounded back once again and plays host to one of the most unique multicultural communities in the entire United States. New Orleans is famous for being the birthplace of jazz, Creole cuisine and culture, and their annual blowout celebrations like Mardi Gras during Spring Break. In fact, tourism plays a major role in the New Orleans economy. It has been consistently voted one of "America's Favorite Cities" by Travel Magazine. New Orleans' sports teams like the Saints and Hornets, local universities like Tulane and Loyola, and cultural attractions like the French Quarter draw a high number of visitors.

The City of New Orleans is known globally for its diverse representation of unique architecture. The Port of New Orleans is touted as one of the busiest and most expansive in the world. The city is a major southern hub for transportation and distribution. Acme Truck Line and Boh Brothers Construction are two of the city's significant employers. In addition to oil refineries and chemical production, New Orleans is home to the second largest coffee roasting plant in the world. It's owned and operated by Folgers Coffee.

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New Orleans Construction Dispute Lawyers

Construction Dispute Law in Louisiana

Examples of Construction Disputes That Might Lead to Litigation in New Orleans, Louisiana