Baton Rouge Business And Construction Law Blog

There is no shortage of large construction projects in Baton Rouge and throughout Louisiana. Inevitably, there will be issues with these projects. Some are small and can be settled relatively easily without legal intervention. Others, however, blossom into larger-scale disputes and a lawsuit is filed. For the entity being sued, formulating a strong defense for allegations of construction defects and mistakes is not only important in the moment, but it can be critical to the future. A law firm that specializes in defending construction companies facing these complaints is imperative.

A residential building project that has had issues with various areas of its construction is now embroiled in a lawsuit between the general contractor and its subcontractors. Complaints include issues with the sprinkler system, problems with countertops, leaks related to plumbing, and a swimming pool leak. Given the cost of rentals in the building, these problems are unusual in such a major, high-end project. The general contractor's agreement with the property owner was worth more than $55 million.

It is not unusual for prominent people to try to help when there is a natural disaster or major incident that leaves people in need of shelter. In Louisiana, the mere mention of Hurricane Katrina brings back terrible memories. That storm led to a great number of displaced people. Many entities and individuals took steps to help them. While that help is undoubtedly appreciated, that does not mean all will be well simply because assistance was given. If there are homes constructed and there are defects, whether it was done for a good cause or not will have little to do with a construction defects lawsuit being filed. Knowing how to defend against the allegations is imperative.

After the hurricane, the actor Brad Pitt's foundation - Make it Right - constructed homes for displaced residents. However, the homes are said to be coming apart and a lawsuit has been filed because the properties are leaving them in danger. Those who own the homes say there is rot, mold and they are even collapsing. In addition, there have been gas leaks and fires. When they were constructed a decade ago, they were considered reasonably priced. The lawsuit asserts that the homes are not up to standard.

Rarely is every job on the worksite done by the general contractor. Many elements of these projects like plumbing and electrical are, in fact, handled by subcontractors. With so many different groups working on one site, it is a simple reality that there may be conflicts during and after the construction process. One of those, and arguably the most common, is a scope of work dispute.

These types of disputes can arise when the expectations of a job to be performed differ in the eyes of the general contractor and a sub-contractor. Take this scenario for example. An electrical contractor bids on and is awarded a job based on reviews of planning and scope of project documents provided by and reviewed with the general contractor.

Any military or government contractor is likely well aware of the risks involved when taking on such enormous contracts. Most, understandably so, are backed by a highly skilled legal team ready and waiting to defend any type of fraud or false claim case that may arise.

Federal contracting is not for the faint of heart. Any claim of wrongdoing on the contractor's part can easily cost hundreds of thousands, if not millions, of dollars. For this reason, contracts need to be carefully negotiated so that the terms are clear and easily understood. Additionally, contractors need to ensure that they are keeping detailed records so that they can defend themselves as fully as possible. But even that may not be enough to protect a contractor from claims of wrongdoing.