Shields Mott Blog

Louisiana’s New A+B Bidding Method “Pilot Program”

Effective August 1, 2019, the Louisiana legislature introduced a pilot program authorizing a significant change to Louisiana’s public bidding process called “A+B Bidding.”  With the introduction of this new bidding method on public projects, are the traditional built-in discretionary bidding limitations about to come to an end? [Read More…] 

Insurance Coverage for Contractual Liabilities in Construction: What You Need to Cover Your Ass(ets)

Many contractors assume they purchased CGL coverage to protect themselves from potential risks of doing business, including some contractual promises and exposures related to bodily injury and property damages. “Exclusions” in CGL policies could result in a contractor being left responsible and paying for unexpected business risks, including those it may have assumed contractually. It is important that all “exclusions” in CGL policies, including the “contractual liability” exclusion discussed herein, be considered when drafting construction contracts and selecting insurance coverage. [Read More…]

The General Agreement Of Indemnity Collateral Security Provision: If You Try Sometimes, You Might Find, You Get What You Need

Surety bonds are a primary, if not mandatory, component of every-day construction projects.  While commercial insurers on a construction project expect losses and adjust insurance rates to cover such losses depending on many factors, sureties do not expect to pay out-of-pocket for bond losses and, instead, require principals and indemnitors to exonerate, indemnify, and often defend sureties in the event of a loss or anticipated loss.  As such, a general agreement of indemnity in favor of the surety usually goes hand-in-hand with the issuance of construction surety bonds.   [Read More…]

How to Seek Interest and Attorneys’ Fees Against Slow-Paying Public Entities

Effective August 2018, the Louisiana Legislature amended the “Prompt Pay” statute in the Public Works Act, allowing contractors to compel public entities to pay progressive stage payments and final payments via mandamus proceeding, including interest and attorneys’ fees. When a public entity fails to timely pay a contractor and certain deadlines lapse, a contractor can file proceedings to force the public entity to pay, collect interest of up to 15% of the outstanding payment application, and potentially reasonable attorney’s fees. Public entities have become aware of these changes and are responding quickly because of the onerous interest charges.   [Read More…]

ESI: The Odyssey — Part 2: A Brief Meditation on Metadata

Metadata generally refers to the data surrounding the creation and use of a document, such as file name, format, location, dates and permissions. In other words, it encompasses the identifying characteristics of a file that are not evident just by looking at the file itself. For example, every time you create, open or save a Microsoft Word document, hidden information is automatically created and stored in that document. In addition to the data that is automatically added, there is other metadata that is user-introduced, such as hidden text, track changes, embedded objects, and so on.  Of course, metadata does not only reside in Microsoft Word documents. [Read More…]