Photo of Steve Miller

Steve Miller can be reached at smiller@joneswalker.com or 281.296.4428.

Hurricane Ida struck Louisiana on August 29, 2021, the 16th anniversary of Hurricane Katrina, as a Category 4 hurricane. The storm blasted Southeast Louisiana as one of the most powerful storms ever to hit the continental United States, knocking out the power grid to all of New Orleans, blowing roofs off buildings, flooding homes and businesses, and even reversing the flow of the Mississippi River.

In the immediate aftermath of the storm, rescuers in boats and high-water trucks brought hundreds of people trapped by Hurricane Ida’s floodwaters to safety, while utility repair crews rushed to restore power in the stifling, summer heat.

Approximately two weeks later, Louisiana found itself in the path of another storm. On September 14, 2021, Hurricane Nicholas rubbed salt into the wounds of the Ida-battered Louisiana when it made landfall as a Category 1 storm along the Texas coastline, before downgrading to a tropical storm and stalling over Louisiana with heavy rains in areas struggling to recover from Ida.  Heavy rainfall from Nicholas forced utility crews and contractors in some areas to stop work and sent residents rushing to protect their homes and businesses.

Although the scale of Ida’s damage was perhaps unexpected, one likely could have predicted in early 2021 that at least some portion of the Gulf Coast would be struck by a hurricane that year. The reality is that constructing in Texas, Louisiana, Mississippi, Alabama, or Florida in July, August, or September carries with it the very real risk that your construction site will be struck by a hurricane or tropical storm. The 2021 Atlantic hurricane season has already seen 14 named systems, including five hurricanes, three of which have been major hurricanes of Category 3 strength or higher.Continue Reading When Force Majeure is for Sure: The Business of Construction in Disaster-Prone Areas

The spread of the coronavirus (COVID-19) has caused businesses to consider the impact that this pandemic will have on short-term and long-term business operations and transactions. It has already delayed contractual discussions, particularly in light of the global market’s response to the spread of the virus. The pandemic poses a range of risk management and liability issues, and one concern is the invocation and application of force majeure clauses.

Force majeure will likely affect companies across a broad spectrum of industries, including oil and gas, renewables, petrochemical, hospitality, construction, healthcare, manufacturing, insurance, commercial, industrial, procurement and supply chain logistics, warehousing, retail leasing, and maritime.Continue Reading COVID-19, Force Majeure, and Commercial Transactions

Residents of Houston, Texas held their breath once again on September 17, 2019, as Tropical Storm Imelda made landfall. The storm inundated the city with 43 inches of rain, making it the fourth-wettest tropical cyclone in the history of Texas and the fifth-wettest in the history of the continental United States.

The Texas

Please find below a recently published article from our Construction Team members, Stephen T. Miller and Tiffany C. Raush. The article “When Force Majeure Is For Sure: The Business of Constructing in Disaster-Prone Areas” was first published in the ConsensusDocs Construction Law Newsletter Volume 4, Issue 3. 

One could have predicted in early 2017 that