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In Florida and other hurricane-prone areas of the Gulf Coast and Southeast, hurricane preparation is part of the job. For construction projects, the risks are immediate and costly: Unfinished structures, unsecured materials, and critical-path equipment can be destroyed in hours. Every year, contractors and owners learn — often the hard way — that planning for a storm in the middle of one is too late. The time to build resilience is before the first tropical storm forms.

For projects under construction, risk management starts in the contract. The agreement should do more than recite a standard force majeure clause. It should clearly allocate responsibilities for securing the site before a storm and for resuming work after. Those obligations should be detailed, measurable, and realistic for the type of work being performed.Continue Reading Building Resilience into Construction Contracts Before Hurricane Season

The 2025 hurricane season is projected to be more active than prior years’ seasons. Hence, it is important that companies operating facilities that could be impacted ensure that they have proper disaster preparedness plans in place. While proper disaster preparedness plans will help reduce potential harm caused during a storm, proper contract provisions can help reduce liability to a company both before and after a storm. Most companies’ commercial contracts contain force majeure clauses that are intended to provide protection to facilities impacted by natural disasters, such as hurricanes. However, such clauses are generally not construed broadly. Contracts should include clear and direct provisions that excuse lack of performance due to pre-storm shutdown procedures for companies pursuant to internal disaster preparedness plans. Further, contracts should address post-storm concerns arising from slow facility startup and reduced production rates during the restart process to ensure companies are not at risk of breaching production obligations under a contract.Continue Reading An Ounce of Prevention: Draft Contracts with Pre and Post-Storm Considerations

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As property owners shift their focus to repairing damages from Hurricane Ida, they should not lose their focus when it comes to the less apparent concerns that come with engaging contractors. Entities, like the Louisiana State Contractor Licensing Board, provide a certain level of protection to the consumer; however, caveat emptor (“let the buyer beware”) should still always be in the back of the minds of property owners as they navigate the path to recovery. The checklist below is provided to assist in this process.Continue Reading Hurricane Ida Checklist for Louisiana Homeowners—Contracting for Repair of Disaster Damage

The Louisiana Recovery Task Force has outlined programs that may help Louisiana companies get back to business following the historic August 2016 flooding.

More than 14,000 businesses were affected by the flooding. The concepts outlined by the Louisiana Task Force include providing banks with certain guarantees to incentive lending; compiling data on consumers and client…

In response to the August 2016 flooding event, there have been several articles about the Federal Emergency Management Agency (“FEMA”) regulations, the National Flood Insurance Program (“NFIP”), the base flood elevation requirements relating to a building damaged by flooding, and local government rebuilding requirements.  Please click here to read the client alert that will…

The Louisiana Housing Corporation has released the 2016 Distressed Projects Initiative Notice of Funding Availability (NOFA).  The NOFA is designed to provide funding to financially distressed projects awarded 9% Low Income Housing Tax Credits (LIHTC) through the 2015 LIHTC Funding Round that are located in Hurricanes Ike and Gustav designated parishes. The deadline for submitting…

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As property owners shift their focus to repairing the very visible water damage to buildings and other structures, they should not lose their focus when it comes to the less apparent concerns that come with engaging contractors. Entities, like the Louisiana State Contractor Licensing Board, provide a certain level of protection to the consumer; however, caveat emptor (“let the buyer beware”) should still always be in the back of the minds of property owners as they navigate the path to recovery. The checklist below is provided to assist in this process.

1. Contact your insurance carrier. Document all damage before undertaking repairs.

2. Hire only licensed or registered contractors.

  • Residential building contractors performing work having a cost of $50,000 or more are required to be licensed by the Louisiana State Contractor Licensing Board. Such contractors are required to maintain workers’ compensation insurance and commercial general liability insurance in the minimum amount of $100,000.
  • Persons performing home improvement services having a cost of more than $7,500 are required to be registered with, and approved by, the Contractor Licensing Board.
  • Persons performing mold remediation also are required to be licensed by the Contractor Licensing Board.
  • Verify the contractor’s licensing or registration by calling the Contractor Licensing Board at 225.765.2301 or by searching the Board’s website database.

Continue Reading Checklist for Louisiana Homeowners—Contracting for Repair of Disaster Damage

Two partners signs document stamped handle puts his signature cartoon flat design styleA “force majeure” clause is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance commercially impracticable or impossible. In Louisiana, absent agreement to the contrary, force majeure excuses parties from liability when they fail to perform due to a fortuitous event that makes performance impossible. So, in determining whether the doctrine applies, it is necessary to determine (1) whether performance is impossible and (2) whether the impossibility was caused by a fortuitous event. Here are a few things to consider when confronting force majeure issues:

  • In many commercial transactions, force majeure issues have been addressed in the contract, so it is important to obtain and review the contract.
  • Many contractual provisions and some statutory provisions require a party that is claiming force majeure to notify the other parties to the contract of the event of force majeure. Some provisions require “prompt,” “timely,” or “seasonable,” notice. Therefore, it is important to determine promptly whether there is a notice requirement in your client’s situation. Don’t just assume that because everyone knows about the 2016 flooding in Baton Rouge and surrounding parishes, notice provisions can be disregarded.
  • Some force majeure provisions or situations may totally relieve a party of an obligation to perform a contractual obligation. Other situations may merely suspend or delay the time for performance. It is important to determine which is applicable in a particular situation.

Continue Reading After the Storm—Key Force Majeure Issues