Shields Mott Blog

Shields | Mott L.L.P. Attorneys Named as Best Lawyers in America

Shields | Mott L.L.P. is pleased to announce that 7 of the firm’s lawyers have been included in the 2021 Edition of The Best Lawyers in America; 6 attorneys awarded as “Best Lawyers,” and one attorney awarded “Ones to Watch.” Since it was first published in 1983, Best Lawyers has become universally regarded as the… [Read More…] about Shields | Mott L.L.P. Attorneys Named as Best Lawyers in America

Short and (Not) Sweet: The Bitter Aftertaste of Ambiguous Contracts

On April 22, 2020, the Louisiana Second Circuit Court of Appeal (“the Second Circuit”) held a contractor liable to the owner for his defective performance as well as project completion costs after his termination. The ruling stemmed from a contract that included ambiguous provisions and terms. While consistent with other Louisiana court holdings, this holding should serve as a reminder that contractors should carefully draft their construction contracts. [Read More…] 

Employment Arbitration: Blessing or Burden?

Instead of utilizing the court system, many employers use arbitration to resolve disputes that arise with a disgruntled employee. The employment agreement itself may contain a provision that specifies the right to arbitrate, or the employer may have a separate document that outlines this choice. But what exactly is arbitration? More importantly, what are the benefits and burdens of choosing arbitration? These are questions every employer should consider. [Read More…] 

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…]