The construction industry is vast, nuanced, and a challenge to navigate, which is precisely why expert legal counsel is a sound and necessary investment. The lawyers at LAPEROUSE, APLC have more than 22 years of experience in representing construction industry clients and have litigated some of the largest and most prominent construction cases in Louisiana. No matter is too large or too small, and our firm routinely represents clients ranging from Fortune 500 Companies to start-up companies and individuals.
We both pursue, defend and/or otherwise handle on behalf of our clients regarding:
Construction Contract Negotiations + Drafting
The construction industry relies heavily on contracts at nearly every level, and understandably so. Every party from contractors to property managers to suppliers should have their interests fairly and fully protected. Comprehensive contracts that mitigate risks to our clients is a top focus for LAPEROUSE, APLC. Whether in the process of contract drafting or negotiation for prime contracts, subcontracts, purchase orders, or design professional contracts, our goal is to prevent the inclusion (or exclusion) of language that may leave our clients vulnerable to future disputes, and with decades of experience and success, it is a goal we achieve with exceptional consistency.
Construction-Related Legal Claims
It is an unfortunate reality that harm (physical, monetary, and otherwise) often occurs when individuals or corporations are negligent in performing their work. With so many players involved at so many different levels of the construction industry, there are no shortage of claims that require litigants to seek out the guidance of experienced legal counsel. Our firm has spent over 30 years expertly litigating, mediating, and arbitrating many forms of construction-related claims, including:
- Property damage and personal injury arising from construction projects
- Insurance claims, including builder’s risk insurance and general liability insurance
- Claims for errors and omissions against design professionals, including architects and engineers
- Mold and other hazardous materials claims
- Construction defect claims
- Breach of contract and contract default claims
- Claims for nonpayment for labor and materials
- Mechanic’s liens and claims of privilege under the Louisiana Private Works Act
- Payment bond claims
- Claims under the Louisiana Public Works Act and federal Miller Act
- Project impact claims and Requests for Equitable Adjustment, including claims for delays, lost productivity, acceleration, differing site conditions and extra work
Disputes and construction seemingly go hand-in-hand, as they occur frequently. Whether in the commercial, industrial, or residential sectors, there are often disputes that arise regarding payment, time, quality of work, or performance. Having an attorney who is experienced and well-versed in the many facets of construction law is always advisable. Ideally this attorney-client relationship will be sought out before problems can arise, protecting a client’s interests from contract drafting to project completion and every step in between. However, we understand that this is not always the case, and just because a client may not have had the foresight of an attorney initially does not mean they should suffer unjust consequences.
In addition to disputes between contractors, subcontractors, property owners, and others commonly involved in the construction process, LAPEROUSE, APLC also represents contractors who wish to dispute the outcome or solicitation of bids for public projects.
Construction Mediation + Arbitration
When it comes to settling construction disputes, both mediation and arbitration play important roles. In some cases, parties are even contractually obligated to pursue a solution through mediation before arbitration or litigation processes can commence.
Mediation relies on a neutral third party to hear both sides of a dispute and attempt to arrive at a fair settlement that can be agreed upon by all involved parties. The recommendation of a mediator, however, is not legally binding and is not always followed. Arbitration, on the other hand, is a more formal process involving the analysis of evidence submitted by both sides. Once a decision has been reached in arbitration proceedings, it is binding and enforceable by the law. LAPEROUSE, APLC represents construction clients in both forms of proceedings.
Construction Compliance + OSHA Citations
The construction industry is heavily safety conscious and for good reason. Accidents on a job site can result in grave injuries, many of which could be avoided by following safety precautions outlined by the Occupational Safety and Health Administration (OSHA). For this reason, failure to be fully compliant with safety regulations can result in serious and costly citations reaching into the hundreds of thousands of dollars. The attorneys at LAPEROUSE, APLC understand the ins and outs of these compliance measures, how to ensure they are implemented properly, and how to protect contractors and subcontractors who find themselves at the center of OSHA investigations.
Construction Law Attorneys in Louisiana
If you are currently or soon-to-be involved in the construction industry in any capacity and are in need of experienced legal representation, contact the attorneys of LAPEROUSE, APLC. From proactive counseling and contract drafting to the settling of existing construction disputes, our team of experts can help.