Baton Rouge Business And Construction Law Blog

Four differing types of business formations

When preparing to start a new business, consulting with an experienced business law attorney can offer exceptional insight into which type of business formation would most benefit you.

There are four main types of business formations, each with a differing purpose. An informative article specifies each in greater detail, along with advantages and disadvantages of each. They include sole proprietorship, limited liability corporation (LLC), partnership, and corporation. While some business formations will require filing of articles of incorporation and a certificate of formation with the state in which the business will operate, others do not require any formal filings. There are fees, both local and state, required for the formations which do require filings. Each state maintains a separate fee schedule, and a party can contact his or her local probate office to inquire an amount.

Representation for construction project development

Construction project development is not for the faint of heart, to put it mildly. Such is a far more complex process than simply filling out a few documents. When making the decision to undertake such a job, a developer would be well advised to make it his or her first priority to consult with an experienced construction law team. This one step can save hours and hours of delays, denials, and headaches in general. An article published by Small Business Trendsetters discusses the benefits of hiring a construction project manager, which differs from a construction site manager.

A construction attorney can be vital to the process of development planning. Some of the services offered can include, among many others, establishing program requirements, governing requirements, and quality assurance requirements; establishing a milestone timeline, a projected budget, and logistics and resources; drafting and implementing contracts, and so much more. Further, your attorney can manage your contracts as the project progresses, thereby making sure that all companies and contractors are in compliance.

How to become a federal construction contractor

When any construction work is performed for a governmental agency, there are strict requirements that must be met. A detailed list of steps with links can be found here.

First, you should make sure that government contracting is a good fit for your business. Do you have enough time and resources, including employees? Second, use any of the various online governmental search tools to determine whether there is a demand for the service you offer. If there is little to none, it may not be a good time for you to begin the certification process.

What to consider when starting a business

Entrepreneurship is exciting and it is not hard to see why. Many people dream of starting their own business. Though it is tough and requires a lot of time and effort, the final product is often worth all the hard work. But how do people do it?

There are many different elements you need to consider when starting a business and it can be complex. Here are a few crucial aspects you will need to consider while starting out on the path to business ownership.

The benefits of a non-compete agreement

Small business owners may find a diverse array of benefits from requiring all employees to execute a non-compete agreement. While sometimes viewed as crass or overkill by businesses with only a few employees, a solid non-compete agreement can make all the difference when just one employee goes rogue.

One of the many benefits of a non-compete agreement is the business value. Consider a scenario where you are interested in purchasing a business. You know the customer base is strong, and some insider secrets keep the accounts coming back year after year. How much more secure would you be in your purchasing decision if you knew that every employee of that business had executed a non-compete agreement? In other words, you can purchase the business with the knowledge that none of the employees will take the customer account information and run to a competing business. And, if they do, the non-compete agreements give you a basis for filing suit. An expertly drafted non-compete agreement can give you the benefit of value and trust.

Why every construction contractor needs a construction attorney

Any entrepreneur would benefit from consulting with an attorney in their area of expertise, whether the business is a new start-up or an established corporation. However, construction contractors in particular should consider keeping a construction attorney on retainer for several reasons. Most importantly, he or she can work with you to devise an effective legal strategy both as a protective measure against future claims, as well as in preparation to arbitrate, mediate, or even litigate if necessary.

Construction contractors are faced with multiple potential lawsuits and claims from the first day on a job. Those can include claims of structural defects, construction delays, OSHA violations, defective design, Federal and regulatory issues, or bid disputes just to name a few. Without knowledgeable legal representation, issues such as these can cost a contractor thousands or even hundreds of thousands of dollars throughout the course of a litigation. Reputation is very much at stake as well.

What are licensing requirements for construction in Louisiana?

The Contractors Licensing Law and Rules and Regulations sets out specific monetary job limits for which a contractor may be required to obtain a license and general liability and workers compensation insurance. The state of Louisiana recognizes several different types of construction contractors and provides strict guidelines for each.

A commercial contractor is one who performs work on any commercial property. In Louisiana, they are required to obtain a commercial license for projects costing $50,000 or more. This amount includes the cost of all materials and labor. If a commercial job involves the use or handling of hazardous materials, the same license is required for any of those products used costing $1 or more. In addition, a commercial contractor who will perform plumbing, electrical, or mechanical work is required to obtain a license for any job to be performed costing $10,000 or more.

How to select the best business form for your business

Selecting the best business form for your business is important for a variety of reasons and should be carefully thought out. Not taking business form selection seriously can lead to potential problems down the road so entrepreneurs should view their selection with importance.

Business law is an area of the law that helps business owners set up and run their businesses and manage business relationships and disputes. There are a variety of business forms to consider when setting up a business and it is important to understand the benefits and limitations of each. Important considerations include tax implications, liability, the amount of control those involved will have over the business and how the business form selected serves the business as it stands today but also how it will account for its future growth.

Supreme Court rules in favor of local businesses

Small businesses in Louisiana and across the country received some good news last week from the United States Supreme Court.

In a ruling that is being called a victory for local brick-and-mortar businesses, the Supreme Court ruled to close a loophole that allowed online retailers to only charge sales tax in states they were physically present in.

Common construction defects to avoid

Because construction defects can be costly for contractors and developers, it is helpful for them to have an idea how to avoid them, what are some common construction defects and the problems they can lead to. Additionally, it is helpful for them to also be familiar with the legal resources available to help them in circumstances of a construction defect.

Research reveals that three categories of construction defects are about equally common. These categories include deviations from architectural plans, deviations from approved materials and deviations from standard field quality. Construction defects can be patent, immediately visible, or latent, not immediately visible. Statutes of repose, recently discussed on this blog, vary by state and greatly impact timelines and deadlines for claims, as well as limits on the same, so it is helpful to be familiar with what those are.

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