Daniel Lund III | Phelps Dunbar Just say when. Two decisions issued on the same day in the same matter by a Louisiana state appellate court preserved claims against a backdrop of contractual claims provisions that seemed not to have been followed, and a statute of limitations which seemed to have expired. The decisions reversed… Continue reading Construction Litigation Roundup: “Just Say When”
Tag: Louisiana
Louisiana Issues Construction Code Changes, Effective Jan. 1, 2023
Susan N. Eccles and Katelin Varnado | Adams and Reese Businesses across the construction industry need to be aware that Louisiana has implemented updates and changes to its Louisiana State Uniform Construction Code, effective Jan. 1, 2023. The purpose of adopting and amending the current construction codes is to replace them with the more recent 2021… Continue reading Louisiana Issues Construction Code Changes, Effective Jan. 1, 2023
It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana
Taylo Brett | Adams and Reese After Louisiana citizens endured two consecutive prolific hurricane seasons in 2020 and 2021, state lawmakers made the adjustment of property insurance claims a top priority during this year’s Regular Legislative Session. On August 1, 2022, two new bills concerning claims adjusters went into effect: Senate Bill 198 and Senate… Continue reading It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana
Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
Gus Sara | The Subrogation Strategist In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver in an AIA construction contract was enforceable and, if so, whether the waiver also… Continue reading Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold
Gabriel R. Crane | Phelp Dunbar A Louisiana Court of Appeal affirmed a trial court’s ruling that mold remediation costs incurred as a result of a covered peril fall within the mold exclusion and endorsement of a homeowners’ policy because such costs would not have been incurred but for the appearance of mold. DeFelice v. Federated… Continue reading Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold