Shields Mott Blog

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

AIA Documents

Every decade, the AIA reviews and updates the standard form construction documents that are typically used in the construction industry.  The AIA has recently released 11 revised versions of the forms and contracts documents.  They anticipate the release of 18 more documents in the fall of 2017. The AIA’s most helpful publications concerning the new… [Read More…] about AIA Documents

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

Louisiana Construction Law and News Update

Work of the 2016 Legislature While this year was a busy one for the Louisiana legislature, few direct changes to the laws impacting general contractors, subcontractors, or sureties were made. Most proposed legislation relating to the construction industry was referred to committees for further review, further revision, or rejection. One noteworthy change is an amendment… [Read More…] about Louisiana Construction Law and News Update

Intellectual Property Corner

A common industry misconception is that a building design must be Frank Lloyd Wright-innovative to be copyrightable. Under the law, the level of detail and creativity required to be worthy of copyright protection is a relatively low bar; the standard benchmark is a mere dash of originality. That said, the sheer copyrightability of a building’s… [Read More…] about Intellectual Property Corner

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)