Practice: Construction Law

• Construction Law

  New Home Warranty Act – Plumbing vs. Structural Defects

  • March 9, 2016
  • By Allen & Gooch

  In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]

• Construction Law

  La. Supreme Court – Contractor has no Professional Duty that Would Create Personal Liability

  • January 5, 2016
  • By Allen & Gooch
  

  La. Supreme Court reverses Third Circuit In December 2014, the Third Circuit held that an individually-licensed contractor could be held personally liable to a homeowner under the professional duty exception to limited liability for LLC members. Nunez v. Pinnacle Homes, L.L.C., 2013-1302 (La. App. 3 Cir. 12/17/14), 158 So. 3d 71 writ granted, 2015-0087 (La. […]

• Construction Law

  CGL contractual liability exclusion applied to “warranty to repair” clause contained in residential construction contract

  • October 6, 2014
  • By Allen & Gooch
  

  In Crownover v. Mid-Continent Cas. Co., 757 F.3d 200 (5th Cir. 2014), the U.S. Fifth Circuit affirmed the Northern District of Texas’ grant of summary judgment in favor of Mid-Continent finding that an arbitration award fell within the Mid-Continent Casualty Company policy contractual liability exclusion. Warranty to Repair clause in residential construction contract In 2001, […]

• Construction Law

  Fifth Circuit analysis of CGL Additional Insured Endorsement in MS

  • March 10, 2014
  • By Allen & Gooch

  In Carl E. Woodward, L.L.C., v. Acceptance Indem. Ins. Co., the U.S. Fifth Circuit Court of Appeals recently addressed additional insured endorsements and a subcontractor’s CGL insurer’s duty to defend the general contractor.  In this case, Woodward was retained by Pass Marianne, L.L.C., to construct condominiums and in turn subcontracted the concrete work to DCM […]

• Construction Law

  Strict adherence to bidding policies required for public contracts

  • March 7, 2014
  • By Allen & Gooch
  

  In a recent Fourth Circuit case, two unsuccessful bidders on a project filed separate actions seeking injunctive relief against the city regarding the bidding process for the Harrison Avenue Streetscape Project public contract. Command Const. Indus., L.L.C. v. City of New Orleans, 13-0524 (La. App. 4 Cir. 10/23/13), 126 So. 3d 716, 720. The unsuccessful […]

• Construction Law

  Personal Liability of LLC Member Now Determined by Four-Factor Test

  • January 23, 2014
  • By Allen & Gooch
  

  Louisiana Supreme Court Overrules Third Circuit In Ogea v. Merrit, 13-1085 (La. 12/10/13), — So. 3d —, the Louisiana Supreme Court overruled the appellate court’s holding that a member of a limited liability company (LLC) could be held personally liable for negligent design and construction.  The case deals with the construction of a new home […]

• Construction Law

  Material Supplier Liens under Louisiana Public Works Act

  • December 17, 2013
  • By Allen & Gooch
  

  Material Suppliers and the PWA A material supplier seeking to preserve the right to file a privilege or lien related to a public works contract must comply with the requirements of the Louisiana Public Works Act (LPWA) La. R.S. 38:2242. In a recent First Circuit case, a roofing material supplier delivered materials in June, July, […]

• Construction Law

  Builder’s Risk 101: Protecting Your Construction Project

  • December 2, 2013
  • By Allen & Gooch

  Insurance Adds Protection for Buildings While They are Under Construction Builder’s Risk Insurance is typically purchased by the owner or contractor of a building under construction to protect against certain damage to that property during the course of construction. In many cases where the builder purchases the policy, the owner should also be listed as […]

• Construction Law

  Know Your Coverage: Commercial General Liability Policies

  • November 18, 2013
  • By Allen & Gooch
  

  Commercial General Liability Policies Will Not Cover Everything Did you know that the Commercial General Liability (CGL) Policies that contractors are required to carry by law do not generally cover the repair or replacement of the contractor’s own work?  Whether you are a contractor trying to make sure you are covered, a property owner looking […]

• Construction Law

  2013 Legislative Update: Louisiana Construction Law

  • October 11, 2013
  • By Allen & Gooch
  

  In this summer’s session, the legislature made three changes to Louisiana construction law. The Private Works Act In Act No. 277, the Louisiana legislature amended La. R.S. 9:4822(G)(4), part of the Private Works Act, to change the notice required in order to preserve a claim or privilege.  Now, a claimant is not required to attach […]