Shields Mott

The Latest Installment in the Pierce-Gootee Saga

The Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court have been engaged in an extended “conversation” about the significance or the necessity of filing a statement of claim (“lien”) under the Louisiana Public Works Act, a conversation which is turning lien law as practiced for 30 years by Louisiana construction lawyers on… [Read More…] about The Latest Installment in the Pierce-Gootee Saga

Shields | Mott L.L.P Wins Reinstatement of $15.4 Million Louisiana Private Works Act Lien

In a recent appellate decision obtained by Shields | Mott L.L.P., the Louisiana Fourth Circuit Court of Appeal held that cancellation of a Louisiana Private Works Act lien was manifestly erroneous where a contractor  met all proper lien requirements, particularly the requirement of reasonably itemizing the elements comprising its claim.  In 225 Baronne Complex, LLC… [Read More…] about Shields | Mott L.L.P Wins Reinstatement of $15.4 Million Louisiana Private Works Act Lien

Performance Bond Pleading Pitfalls…and Surety Defenses

In the recent decision of 84 Lumber Company v. F.H. Paschen, S.N. Nielsen & Assocs., LLC, No. 12-1748, 2017 WL 467679 (E.D. La. Feb. 3, 2017), the United States District Court for the Eastern District of Louisiana dismissed a general contractor’s claims against a project surety, holding that the contractor had not adequately pled satisfaction… [Read More…] about Performance Bond Pleading Pitfalls…and Surety Defenses

Call to Action

The case of Golden Nugget Lake Charles, L.L.C. v. W.G. Yates & Sons Construction Company, No. 16-30496, — F.3d — (5th Cir. 2017), 2017 WL 892407, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) held that, where a project owner never took affirmative action to file a notice of substantial completion,… [Read More…] about Call to Action

Where It’s At (With Apologies to Our English Teachers)

One recent decision, Ryan Gootee General Contractors, L.L.C. v. Plaquemines Parish School Board, 2015-0678 (La. App. 4 Cir. 11/18/15), 2015 WL 7356420, is a good reminder that where you file suit can just as easily doom your case as bad facts. In Gootee, the Plaquemines Parish School Board (“School Board”) issued an advertisement for bids… [Read More…] about Where It’s At (With Apologies to Our English Teachers)