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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

Tom Cook’s article in the Baton Rouge Business Report provides helpful insight on the meaning and application of FEMA’s “substantial damage” standard to Baton Rouge homeowners affected by the August floods. Cook explains that determining “substantial damage” is a bit of “a mystery,” and that online research of the term may prove bewildering.

In short,…

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…

During the recent historic flood event, thousands of homes across south Louisiana were inundated with floodwater. For most homeowners, the recovery process has just begun. Information on possible funding, temporary housing, or other assistance is available from FEMA and other organizations. But if you own a flood-impacted home, you face another significant and perhaps more long-term question: What can you do now to protect the value—including the resale value—of your home? The following are a few points to consider and suggestions.

Disclosure of Flood–Related Issues
Louisiana law requires a seller of residential property to complete and provide to the prospective purchaser a property disclosure form prescribed by the Louisiana Real Estate Commission (LREC).1 The LREC property disclosure form 2 includes the following questions, among many others, that must be answered by the seller:

  • “Has any flooding, water intrusion, accumulation, or drainage problem been experienced with respect to land? If yes, indicate the nature and frequency of the defect at the end of this section.”
  • “What is/are the flood zone classification(s) of the property?”
  • “Has any structure on the property ever taken water by flooding (rising water or otherwise)? If yes, give the nature and frequency of the defect at the end of this section.”
  • “Has there been property damage related to the land or the improvements thereon, including, but not limited to, fire, windstorm, flood, hail, lightning, or other property damage? If yes, were all related property damages, defects, and/or conditions repaired?”
  • “Does the property or any of its structures contain any of the following? Check all that apply and provide the nature and frequency at the end of this section. . . . mold/mildew. . .toxic mold. . .contaminated drywall/Sheetrock.”
  • “Were any additions or alterations made to the property? If yes, were the necessary permits and inspections obtained for all additions or alterations?”

So not only should the seller disclose flood-related issues to the buyer as a matter of good faith, the seller is required to do so by law.

1 (La. R.S. 9:3198.)
2 The LREC property disclosure form is available here. An amended version of the form will become effective on January 1, 2017; however, the amended form does not change the disclosures discussed in this article.

Note also that Louisiana law requires licensed home inspectors to describe in their inspection reports the presence of suspected mold growth if visual evidence of mold is discovered inside the home.3 A mold inspection is outside the scope of a standard home inspection; however, if the home inspector observes mold, he must say so in the inspection report.4

Past flood damage and current mold issues have the potential to negatively impact the value of your home. So what should you do?

Protecting the Value of Your Flood-Impacted Home
A key factor in protecting the value of your home will be how well you can demonstrate to prospective purchasers, appraisers, inspectors, lenders, insurers, and others that the flood-related damage was properly repaired or otherwise addressed. What you do now will impact the future value of your home. The following are a few suggested strategies:
Continue Reading After the Flood—Strategies for Protecting the Value of Your Home