The
DK&S Construction Section will be hosting a
series of complimentary breakfast seminars throughout the winter to
discuss the recent changes in the AIA documents, and how you can make
the AIA
documents work best for your company. Please contact Kelly E.
Theard if you would like to attend.
An Overview of the LA New Home Warranty
Act
By: Jimmy A. Castex,
Jr.
The Louisiana New Home Warranty Act (the Act) was
enacted in 1986, with the expressed purpose of "providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes..."
LSA-R.S. 9:3141. There are many, and sometimes conflicting, decisions interpreting the provisions of the Act, and the Act has been amended at
least four times since enactment. Depending on the jurisdiction where the new home was constructed, the warranties, limitations and exclusions
provided by the Act may not be so clear. read more
Owners Beware: Delaying Payment May Cost You
By: Scott J. Hedlund
The case of Kostmayer Construction, Inc. v. Sewerage & Water Board of New Orleans, 943 So.2d 1240
(La.App.4 Cir, 2006) should serve as a word of caution to owners who delay acceptance of completed work. In Kostmayer, the plaintiff, a
marine
contractor, won a public bid contract to build improvements and refurbishments to a Sewerage & Water Board ("SWB") pumping station. The contract
included the driving of steel sheet piles to strengthen a bulkhead between the pumping station and the Industrial Canal. read more
Protecting Your Business When Employees
Leave
By: Frederick
"Ted" Le Clercq
In a case handled by DK&S, a Non-Competition /Non-Solicitation Agreement was upheld for a parish where the employer solicited
clients, even though the employer's headquarters and operations center was in a different parish. These agreements are often used by employers to
bind key employees to the business and protect their client base. Specifically, Non-Competition / Non-Solicitation Agreements are designed to prevent
former employees from taking the hard earned business and customers of the employer when someone leaves. read more
For further information or questions regarding a construction-related legal issue, please contact a
member of our Construction Department:
Keith J. Bergeron (kbergeron@dkslaw.com), Frederick R. Bott (fbott@dkslaw.com), Terrence L.
Brennan
(tbrennan@dkslaw.com), Jimmy A. Castex (jacastex@dkslaw.com), Scott J. Hedlund
(shedlund@dkslaw.com),
Charles F.
Seemann, Jr., (cseemann@dkslaw.com
) and Kelly E. Theard (ktheard@dkslaw.com).
