New Orleans Construction Lawyer

New Orleans Construction Attorney

Pursuing a new construction project in New Orleans brings new opportunities, excitement, and challenges. Legal complications can come up even when you don’t expect them to. Partnering with the right New Orleans construction lawyer during the construction process, whether residential or commercial, will help you understand the laws and regulations and any potential issues and risks that might come up.

What Is Construction Law?

Construction law deals with the planning, design, financing, contracting, and execution of construction projects. This area of law aims to ensure the orderly and efficient completion of construction projects while protecting the rights of property owners, contractors, subcontractors, architects, engineers, and suppliers.

Key Laws to Know in Louisiana

Construction projects in Louisiana are required to follow certain laws and regulations. Everyone involved, from contractors to property owners needs to be aware and in compliance with these laws.

• Louisiana State Licensing Law (LSLA)The LSLA establishes licensing requirements for contractors within the state. It requires contractors within the state to obtain a license before they can work on any construction jobs, either residential or commercial.
• Louisiana Civil Code. The state follows a civil law legal system, and the civil code governs property rights, contracts, and other legal aspects relevant to construction projects.
• Mechanic’s Lien Law. The state’s mechanic’s lien laws allow contractors, subcontractors, and suppliers to file liens on a property if they are not paid for their work or the materials.
• Home Improvement Contracts Law. Louisiana has specific laws governing home improvement contracts, including business requirements for licensing, contract content, cancellation rights, and dispute resolution for residential construction or renovations.
• Louisiana Prompt Pay Act. This act establishes timelines for payments on construction projects. It also ensures timely and fair payment to everyone involved in construction projects and that each contract includes clear payment terms.
• Louisiana Products Liability Act (LPLA). The LPLA addresses liability for damages caused by defective products, including construction-related items.
• State Environmental Regulations. Construction projects must comply with state and federal environmental regulations. Louisiana has specific regulations addressing air and water quality and coastal protections.
• Public Bidding Laws. The Louisiana Public Bid Law, Uniform Public Works Bid Form Law, and Louisiana Public Bidder Registration Law all cover specifics related to public bidding on projects.

All these laws and regulations are complex, and it is important for contractors, subcontractors, and other stakeholders involved in construction projects to work with a construction attorney to make sure they understand and adhere to them effectively. Choosing effective legal counsel can help mitigate future risks and issues.

Construction Legal Matters We Handle

At The Bradley Law Firm, we ensure your individual needs and concerns will be addressed. Construction law can include a wide range of matters, and you can trust our team to provide legal assistance with:

Construction Project Contracts

Construction projects come with lengthy and detailed contracts, and it can be beneficial to have a construction law attorney to assist you with this process. The Bradley Law Firm can:

• bring legal knowledge,
• customize the contract to better fit everyone’s needs,
• provide clear and precise language,
• ensure compliance with the law,
• establish clear payment terms,
• ensure appropriate insurance requirements and bonding provisions,
• establish procedures for handling change orders,
• and help with unique parts of your construction contract.

Contract Disputes, Including Negotiations, Mediation, and Arbitration

If there are disputes during the contract process, we can help with negotiations, mediation, and arbitration. Those involved in construction contract disputes may need to negotiate to reach a mutually agreeable resolution, and if they are unsuccessful, mediation may be pursued.

Mediation involves a neutral third party who can help those involved settle the dispute by assisting in communication and negotiation. If they still cannot agree, it may go to arbitration, which is when impartial arbitrators decide for those involved.

Risk Management

Every construction project comes with some degree of risk, and we can help ensure that you have all the information to determine whether the risk is worth it and whether you can complete your project within your budget. There will be aspects of your project you may not have thought of on your own, and The Bradley Law Firm can help you understand them.

Liens and Litigation

If your case needs courtroom proceedings and even construction litigation, we can provide support to help you resolve any tax-related problems and other issues around property liens. Navigating lien procedures and potential construction litigation issues can be difficult, so seeking legal help from construction law attorneys can help ensure you are compliant with the laws.

Environmental Compliance

Construction projects are required to adhere to environmental regulations in Louisiana. This can include permitting requirements such as federal and state construction, stormwater permits, and air permits. Other regulations that need to be followed are hazardous waste handling, the Endangered Species Act, noise and vibration control, National Environmental Policy Act (NEPA) compliance, and more.

Public and Private Bidding

A new construction project needs public and private bids for contracts to be completed. A construction law attorney can help you get the right bids for your project that stay within your budget and understand the differences between public and private bidding.

Payment Disputes

Payment disputes are common and can be a pretty significant issue in construction law. Contractors, subcontractors, suppliers, and even property owners may face issues in receiving timely and full payment for their work. Legal matters can be taken, such as filing liens, pursuing bond claims, or taking legal action to recover missed payments.

Delay, Damage, and Back Charge Claims

Sometimes, contractors won’t follow through with their obligations to their customers, or they mismanage the project, or their negligence causes damage. If issues come up during your construction project that increase costs, you should have an attorney review the situation so that you don’t overpay and contractual obligations are upheld.

Construction Defect Claims

Property owners may pursue legal action against contractors or builders for construction defects such as flaws in the design, workmanship, or substandard materials being used. Legal theories such as negligence, breach of contract, and breach of warranty may be used depending on the nature of the defect and the relationship of those involved.

The team at The Bradley Law Firm takes a client-focused approach and can handle all matters of construction law. We are ready to use this experience to support you during your construction project and with whatever it entails.

Supporting Residential and Commercial Owners with Construction Law

Jarred Bradley knows both the legal and business side of construction.
Whether you are bringing or defending against claims, our New Orleans law firm is ready to look over your case, decide on a course of action, thoroughly investigate, and prepare effective arguments on your behalf.

FAQs

Q: What Is the Statute of Limitations on Construction Defects in Louisiana?

A: The statute of limitations on construction defects in Louisiana depends on what category it falls under. If it is a contract defect, it is ten years. If it is a tort, a civil wrong, or an injury that causes harm, it is one year. There is also a discovery rule to remember, which means the statute of limitations clock starts ticking when the defect is discovered or when it should have been reasonably discovered.

Q: How Long Do You Have to Sue a Contractor in Louisiana for Breach of Contract?

A: In New Orleans, Louisiana, you generally have ten years to sue a contractor for breach of contract, starting from the date of substantial completion. However, the time limit can vary based on the specific circumstances of the case and the nature of the contract. It is recommended you meet with a construction law attorney to discuss your unique situation.

Q: What Is Construction Negligence?

A: Construction negligence is when a contractor or someone working on the construction fails to exercise the level of care and skill that should be reasonably expected from a professional. Their actions then lead to accidents, injuries, or property damage that can result in a construction negligence claim.

Q: What Are Some Common Construction Disputes?

A: Given the complexity of construction projects, some common disputes that can come up are delays, defective work or the use of substandard materials, payment issues, change orders, breach of contract, negligence or professional liability, liens, insurance coverage disputes, termination of contract, regulatory compliance, and worksite injuries.

Q: What Are the Legal Requirements for Construction Contracts in Louisiana?

A: Construction contracts should include licensing requirements, written contracts, the scope of work, contract price, timeframes, change orders, permits and approvals, insurance and bonding, dispute resolution mechanisms, compliance with laws, and warranties for the work performed and materials used. It is recommended that you work with a construction law attorney when drafting or reviewing a construction contract.

How Your New Orleans Metro Area Construction Lawyer Can Help

At The Bradley Law Firm, located in Jefferson Parish, we will learn as much as possible about you and your situation to ensure that we can address your specific needs and legal affairs. Contact us today to learn more about how we can help with your construction legal matters and schedule a consultation with an experienced attorney that you can trust.