Baton Rouge Construction Litigation Lawyer

Construction litigation, whether focused on construction defects or a breach of contract, can involve millions of dollars in damages. These cases often turn on highly technical issues explained to the jury by professional experts such as architects, engineers, materials experts, surveyors and hydrologists. Cases like these can benefit from a Baton Rouge construction litigation lawyer.

At The Baringer Law Firm, L.L.C. , in Baton Rouge, Louisiana, we have the knowledge, trial skills and resources to properly handle these complex matters for our clients. From reviewing blueprints and contracts to hiring critical experts, you can rely on us to put forward the best possible arguments on your behalf and focus on protecting your interests.

Our construction litigation section is headed by James S. Holliday, Jr., a noted author of Louisiana Construction Law, published by West Publishing Co. as a part of its Louisiana Practice Series. Mr. Holliday’s book is considered by members of the construction law bar as the “go to manual” on Louisiana construction law.

Construction Defect Litigation

Our clients include construction companies, subcontractors, homeowners and others who are involved in construction litigation matters involving issues such as:

• Water intrusion and mold
• Lack of fire stops and other building code violations
• Defective materials
• Preparation, grading and landscaping issues
• Blueprint deviation
• Improperly set concrete
• Defective plumbing and wiring
• Shear wall issues
• Improper tucking

Addressing Construction Defects

Construction defects create challenges for property owners and contractors alike. Louisiana law provides options to resolve conflicts and repair damages caused by defects. Legal claims could arise under breach of contract, negligence, or any available warranties.

Some laws establish specific duties for contractors regarding newly built homes. Defects discovered within the warranty period could require contractors to repair or compensate property owners. Failing to resolve these issues can lead to litigation or issues with professional licenses.

Under Louisiana law, construction defect claims must adhere to specific legal standards and procedures. Learn more about relevant legal requirements in California Civil Code Section 6150.

Resolving Construction Disputes

Disputes can interrupt construction projects, causing delays and financial losses. Common issues include delays, disagreements on payment, and unclear contract terms. There are lots of options for resolving these disputes, including alternative dispute resolution methods like mediation and arbitration.

Mediation allows parties a way to reach an agreement with the help of a professional mediator. Arbitration differs from mediation because it offers legally binding decisions made by an arbiter. This process is usually faster than going through a legal system. For complicated or high-stakes disputes, litigation might still be necessary.

Legal representation can help businesses explore the methods available to them and protect their interests during the dispute. Attorneys can analyze the claim, draft settlement terms, or even represent clients in court.

Subcontractor Liability

The frequent use of subcontractors on projects adds a layer of complexity to many construction litigation matters. When disputes arise involving the work done by subcontractors, thorough documentation is key.

Our attorneys thoroughly investigate the work done by installers, inspectors and workmen, searching for mistakes that could lead to liability. This includes working with safety experts, architects and engineers to determine if subcontractors were negligent in matters involving construction defects.

New Orleans Construction Contract Dispute Attorneys

If you have suffered financial harm as a result of construction defects or a breach of contract, it is in your interest to discuss your situation with our experienced lawyers. Contact us today to schedule a consultation.

FAQs:

Q: What Types of Contracts Are Used in Louisiana Construction Projects?

A: The types of contracts that are used in Louisiana construction projects include fixed-price contracts, time-and-materials contracts, and cost-plus contracts. These contracts outline relationships and responsibilities during a project. Some set a specific total cost for a project, while others are based on hours worked and materials used. Choosing the right contract depends on project size, complexity, and each party’s risk tolerance.

Q: How Does Louisiana Law Protect Contractors and Subcontractors?

A: Louisiana law protects contractors and subcontractors by securing payment for their work and the materials they use in a project. If payments are delayed or withheld, individuals or companies might be able to file a lien on the property where they performed the work, which encourages owners to pay them on time. Contractors have to comply with specific timelines and requirements while doing this so the lien is not invalidated.

Q: How Do You Address Defects in a Construction Project?

A: To address defects in a construction project, owners can pursue legal claims for faulty materials, poor workmanship, or design flaws. Contractors might be liable for defects discovered within a certain time frame, but owners have to report these issues as soon as they discover them. This process could involve hiring professionals to review the defects and estimate how much it would cost to repair them.

Q: How Do You Resolve Employee Conflicts During Construction Projects?

A: Reviewing employment contracts, payroll records, and relevant state and federal laws can help resolve conflicts that arise during construction projects. Disputes can be settled through mediation or arbitration, but serious violations could result in litigation or government investigations. Common issues include wage disagreements, misclassifying workers, and disputes with subcontractors.

Help Your Project Succeed

Construction law can keep projects on track and resolve disputes. Legal support can address challenges before they escalate. Schedule a consultation with The Baringer Law Firm, L.L.C., for guidance tailored to your needs under Louisiana’s construction laws.