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Louisiana Legislature Grants Sureties the Right to Raise Contractor Defenses, Including "Pay-If-Paid"

Governor Landry recently signed into law two legislative acts that should allow Private Works Act and Public Works Act payment bond sureties to rely on defenses available to their general contractor principals in defense of...more

Recent Louisiana Case Reminds of the Need for Careful Contract Drafting to Avoid Conflicts

On June 29, 2023, the United States District Court for the Western District of Louisiana issued a Memorandum Ruling in Arcadis U.S., Inc. v. Stryker Demolition & Environmental Services, LLC, 2023 WL 4280924 (W.D. La. 6/29/23)...more

Formal Notice of Default Necessary to Start Peremptive Period for Public Owner's Claims Against Performance Bond Surety

Construction project participants sometimes disregard contractual formalities, particularly in the "heat" of a project dispute. However, consequences can and often do arise in those circumstances, and sometimes the parties do...more

Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly...more

Potentially Good News for Contractors Seeking Final Payment on Public Construction Projects

The Louisiana Fourth Circuit's recent decision in Woodrow Wilson Constr. LLC v. Orleans Parish School Board marks a potential victory for general contractors seeking final payment on public construction projects. However, it...more

Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense

The Louisiana First Circuit recently held that a Private Works Act payment bond surety cannot raise a pay-if-paid provision in its principal's contract as a defense to a claim against the bond. Bear Industries, Inc. v....more

Louisiana Fourth Circuit Holds Public Bid Invalid Absent Written Evidence of Authority to Sign Bid

Contractors that bid public projects in Louisiana are familiar with the Public Bid Law's requirement that "[w]ritten evidence of authority of the person signing the bid for public works shall be submitted at the time of...more

Louisiana Public Bid Law Update: Two Big Wins in the Louisiana First Circuit for Unsuccessful Bidders Disputing Public Bid Awards

Last month, the Louisiana First Circuit Court of Appeal issued two decisions in favor of unsuccessful bidders on public projects. In Phylway Const., LLC v. Terrebonne Parish Consol. Government, 2013-1589 (La. App. 1...more

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