Breakfast & Refreshments Provided

The Louisiana State Licensing Board for Contractors (“LSLBC”) was created in 1956 by
Act 233 of the legislature. Currently, the LSLBC is governed by Title 37:2150-2165 of the
Louisiana Revised Statutes, Chapter 24.
In the last three years, the statutes and Rules and Regulations of the LSLBC have been
revised. In 2022, the Rules and Regulations were amended and modified into five chapters ranging
from §101 to §717. In 2022, the Legislature repealed and replaced the entirety of the statutes
governing the LSLBC by reducing the number of statutes and combining a substantial number of
statutes. In 2023, the Legislature made additional changes to the statutes by listing the categories
for which licenses are required. (See La. R.S. 37:2156.2). In 2024, the statutes were amended
again to change the limits for which a license is required in Louisiana. (See La. R.S. 37: 2150.1(4),
(8), (11), and (15)). The changes will be discussed

A review of the history and structure of the Private Works Act and a deep dive into each part

General provision of Title 38 Chapter 10, Letting Contracts, Claims of Subcontractors, materialsmen and Laborers on LPWA, regulations of closed specifications and exclusive distribution of materials, Louisiana "No bidding of architectural and engineering professional services" policy

Subcontractors and suppliers . . . the lowest on the food chain and the ones that bear the
greatest chance of not getting paid. What are the pitfalls they encounter and how can you, as
their attorney, help protect them? It's not the good old days anymore. A handshake is not the
same handshake you got 20 - 30 years ago. The old way of doing business has changed and as
an attorney you have to educate your subcontractor and supplier

Outlining the law surrounding design professional liability: standard of care, person(s) liable, persons who have a cause of action, responsibility for design/construction, prescription and peremption, insurance, ADR, tort v. contract claims, etc.

Metadata has emerged as a critical component of electronic discovery (eDiscovery), yet it often remains underutilized or inadvertently compromised. Metadata, defined as the embedded information within electronic files, plays a pivotal role in the management, preservation, and production of electronically stored information (ESI). This hidden data provides essential context, offering insights into the authenticity, integrity, and chronology of electronic evidence. Despite its significance, metadata is susceptible to alteration or deletion, often occurring without detection. As the legal profession increasingly intersects with digital technologies, a basic understanding of metadata has become crucial for legal practitioners.
This whitepaper serves as a primer on metadata in eDiscovery, introducing its concept, importance, and common pitfalls. By highlighting real-world examples and best practices, we aim to raise awareness among legal professionals about the value of metadata and the potential consequences of its mismanagement. Our goal is to equip attorneys with foundational knowledge to navigate metadata-related issues, ultimately avoiding unnecessary complications in litigation and promoting more effective client representation in our increasingly digital legal landscape.
 

While many of the issues faced by private owners and public owners are similar in nature,
the principal difference is that public owners are guided by statutes, primarily the Public Bid law1
and Public Contracts law.2 This statutory scheme may limit how public owners approach contracts, the selection of contractors, and work as it progresses. Although there are some limitations, generally, private contracts are governed by the negotiations between parties. Since other portions of the seminar will address topics such as the Private Works Act, licensing requirements, and insurance in depth, this paper will focus on things to consider when representing a private owner on a commercial project from commencement of the process until completion of the Project.

Summary of new Louisiana cases impacting arbitration and recent changes to the American Arbitration Association Construction Industry Arbitration Rules and Mediation Procedures with exhibits and examples

This paper addresses several concepts associated with construction claims and damages,
including those for delay, disruption, interference, and defective work, and the rights and defenses
available to the various parties in such situations. In discussing those concepts, this paper
presumes a contractual relationship between the disputing parties, and for simplicity, this paper
discusses the concepts in relation to the contractor/owner relationship. In most situations, as in
some of the cases cited in this paper, “subcontractor” can be substituted for “contractor,”
“contractor” for “owner,” etc., when applying the content of this presentation to subcontractor/contractor or subcontractor/sub-subcontractor relationships. There are, of course,
some differences, but those are usually obvious.

The best place to start is with Louisiana’s Civil Code, particularly articles 1994 and 1995.
Simply put, a contracting party is liable under article 1994 for damages resulting from its
nonperformance of a contractual obligation, defective performance of a contractual obligation, or
delayed performance of a contractual obligation. Under article 1995, the loss sustained by the
other party and the lost profit caused by the breach are the damages for which a breaching party is
liable.

This paper focuses on the key types of insurance that come into play in handling
construction related claims, specifically, Commercial General Liability (CGL), Builder’s Risk,
Owner Controlled Insurance Policies or Programs (OCIP) and Workers’ Compensation policies
and some of the main issues that arise. Other related insurance such as commercial property,
professional liability insurance for contractors and insurance requirements for Design-Build
Projects and Joint Ventures is beyond the scope of this paper but could be relevant in certain
contexts.

Purpose of the act, notice, exclusivity, warranties and peremption, exclusions, damages

While the subject of this chapter is entitled, “The Role of the Surety in a Construction Project,”
the truth is that, in an ideal world, the surety’s role in a given construction project for which it has
issued a bond would be minimal if any at all. However, many construction projects do not follow what many consider the “ideal” path.

Instead, each phase of a project is fraught with the potential for problems, such as delays,
payment disputes between a contractor and its subcontractors and suppliers, or disputes between the owner and contractor for extra work. Any one of these issues risks derailing the project’s timely
completion and the financial solvency of all involved. With that in mind, various types of surety bonds exist that can add a measure of financial security by transferring the risk of those occurrences to the surety.

Thus, in the construction context, this paper will set forth the various surety tools – the bid
bond, the performance bond, and the payment bond – available to provide some measure of assurance that the project will be completed in accordance with the contract documents.