Experience List

Construction Law. It’s what we do.™

Shields Mott, L.L.P. has handled the following types of cases, among others:

SURETY/INSURER

Represented surety following United States Army Corps of Engineers termination for default of surety’s principal on a drainage project located in New Orleans.  Negotiated completion agreement between USACE, surety, and completion contractor in which Corps waived the statutory prohibition against claims assignments, allowing surety to assume prosecution of its principal’s claims of wrongful default before the Armed Services Board of Contract Appeal.   Proper positioning of the surety ultimately allowed it to settle the claims with the USACE.

Represented surety of defaulted contractor of large public housing project.

Represented surety of defaulted carpentry and drywall subcontractor for armed services barracks facility.

Represented surety in action against its agents which improperly issued certain Customs anti-dumping bonds beyond the authority granted to the agent and failed to report all of the issued Customs bonds to the surety.  Also assisted in defending the surety against Customs’s claims against the bonds.

Represented insurer against university claiming water intrusion issues on mid-rise dormitory.

Represented surety in claim of defective and incomplete work on Veterans Administration hospital.

Represented surety in nickel sulfide inclusion (defective curtain wall glass panel in high rise building) cases.

Represented insurance brokerage in large claim regarding allegedly fraudulent remedial work on apartment complexes related to Hurricane Andrew.

Represented surety to arrange for the completion of several bonded municipal projects in Alabama following performance bond claims, handled associated payment bond claims, asserted indemnity action against principal and indemnitors, and defended surety against principal’s and indemnitors’ unsupported counterclaims concerning breach of contract, bad faith, and negligent infliction of emotional distress.

Represented surety to obtain an order to restrain principal and indemnitors from transferring assets to third parties outside of the ordinary course of business.

Represented surety in indemnity action against principal and indemnitors (including indemnitor’s estate) to recover certain liabilities incurred to resolve various payment bond claims seeking.

Represented surety to defeat a claim made against motor vehicle dealer bond.

Represented surety to draft and enter into completion agreements and defend surety against multiple payment and performance bond claims following principal’s default on public works projects located throughout Louisiana.

Represented surety to investigate and settle payment and performance bond claims following principal’s default on a County service complex renovation project.

Represented surety following the default of its principal on a maritime dredging contract. Drafted and negotiated tender agreement with the governmental owner and asserted an indemnity action against its defaulted principal and other indemnitors.

Represented surety in arbitration and lawsuit to extricate determination of surety’s personal defenses from the primary arbitration.

Defended surety of defaulted contractor on 24-screen multi-plex theater project and represented surety in indemnity action to collect losses and expenses incurred to complete bonded projects following principal’s default on 24-plex multi-screen theatre.

Defended surety in structural deficiency claim in high-rise building.

Defended surety against a performance bond claim following principal’s default on a government garage complex remediation and waterproofing project.  The owner issued the default after substantial completion and without timely notice of default to surety as required in the bond.

Defended surety against performance bond claim after principal was defaulted on a university medical facility renovation project.

Defended surety against separate Miller Act claims asserted by its principal’s suppliers on a USACE stone dike construction project in Memphis, Tennesse.  In separate, but related lawsuits, investigated and defended surety against performance bond claim asserted by the USACE, and filed indemnity action to recover losses from principal and indemnitors.

Defended surety against subcontractor inefficiency and delay claims on a new public school construction.

Defended surety against multi-million dollar non-payment claim on a federal project.

Defended surety against more than dozen non-payment claims in a concursus proceeding for a new public school.

Assisted surety with investigation and defense of performance bond claim by working with surety’s principal and experts to support design defects and differing conditions claims on a USACE project to construct a marina, concession building, parking lot, and certain related mechanical and electrical appurtenances in South Dakota.

Assisted surety to complete audit of principal’s books and records following principal’s default on multiple bonded projects.

Entered into a program with surety to file UCC-1 Financing Statements in various jurisdictions following notice of principals’ defaults on projects.

GENERAL CONTRACTOR

Represented general contractor on an airport construction project related to payment for work performed. Case included major delay issues based on mandated supplier-caused delays.

Represented general contractors at the Armed Services Board of Contract Appeals.

Represented general contractor on a school project related to payment of work performed. Case included alleged construction and design defects and the major soil issues that arise on Southeast Louisiana construction projects.

Represented general contractor in case alleging damages from installation of pipeline under Mississippi River.

Represented general contractor performing infrastructure work on two separate subdivision projects related to non-payment for work performed.  The cases included scope of work, change order, and design versus construction defect issues.

Represented general contractor related to nonpayment for work performed on a port authority project.  Case included the issue of whether the mandated equipment could actually be manufactured.

Represented several general contractors related to failure of a subcontractor to perform the work required under its subcontracts on several projects. Cases included issues related to the costs to complete the work not performed by the subcontractor.

Represented general contractor in dirt quantity dispute on Army Corps of Engineers large levee project.

Represented general contractor in claim against owner to recover termination damages where the owner asserted force majeure as its defense.

Represented commercial general contractor to recover delay, inefficiency, and defective work claims against dirt subcontractor.

Represented general contractor to recover damages caused by glass subcontractor, glass manufacturer, and glass supplier; and defended against payment bond claims by the glass subcontractor and glass supplier on a hospital project.

Represented general contractor to recover unpaid amounts for construction of a fire station.

Represented general contractor to recover delay damages and additional work costs from a public port authority on a shipyard project.

Represented general contractor to recover payments on public housing construction project.

Represented general contractor in a complex matter to recover payment, delay damages, and inefficiency damages against public school owner, architect, and geotechnical engineer on a public school project that also included defending against owner’s claims of liquidated damages and faulty work and multiple subcontractor claims for non-payment and inefficiency damages

Represented general contractor to recover damages arising from defective work of steel subcontractor on a public school project.

Represented general contractor to recover damages caused by defaulted drywall subcontractor on a public project.

Represented general contractor to recover unpaid contract funds on a large public park restoration project.

Represented diversified, international civil infrastructure general contractor in large-scale interstate highway project action against defaulting subcontractor and defaulting subcontractor’s performance bond surety for delays and defective work.

Represented general contractor in payment dispute against school district owner and architect of elementary school building. Case included payment for additional work performed by general contractor, and pass-through claims of its subcontractors, due to design problems in the school’s plans and specifications.

Represented general contractor asserting Louisiana Public Bid Law violations against port authority in rejecting low bidder.  Case included issues with electronic bidding procedures and required public entity to reject all bids and rebid project.

Represented general contractor asserting Louisiana Public Bid Law violations against Convention Center for improperly rejecting low bidder.

Represented general contractor asserting Louisiana Public Bid Law violations against local airport authority in not properly rejecting lowest numerical bidder.

Represented general contractor and general contractor’s sureties in action of subcontractor’s paint supplier under the Louisiana Private Works Act.

Represented general contractor in action to enforce lien and for damages on large, mixed-use, commercial/residential historic restoration project (retrofit of high-rise office building) and defended performance and payment bond sureties of general contractor on that project.

Represented general contractor for claims against port authority regarding adequacy of plans and specifications and impossibility of required work.

Represented general contractor in payment claim against airport authority and contractor’s insurer in cross-claim for damages.

Represented several contractors on levee projects related to the quality of the material being used on the levee and the payment for the material. The issues include the various methods of measuring the levee materials.

Represented a civil site contractor to recover payment owed on a public demolition project.

Represented contractor to recover payment from quasi-public entity on a post-Katrina demolition requirements contract.

Represented multiple contractors on various projects asserting and defending against Louisiana Public Bid Law bid protests on projects including landscaping projects, port authority projects, school projects, medical center projects and, airport projects, including projects involving Superdome and New Orleans Convention Center.

Represented demolition contractor against a former joint venture partner to defeat fraud claims and recover amounts owed to the demolition contractor on a federal levee project.

Recovered judgment amount for a demolition contractor by garnishing other projects being performed by judgment debtor.

Represented civil site contractor in product liability action to recover damages from a crane manufacturer and seller and to rescind the sale of the crane.

Represented a terminated demolition contractor to recover damages on a public housing demolition project.

Represented demolition contractor to recover unpaid amounts owed on an historical demolition project.

Represented contractor in multi-party action to recover amounts owed for constructing a port authority warehouse and to recover damages from project management company; defend against deficient work claims and recover indemnity from subcontractors.

Represented demolition contractor to recover unpaid contract amounts and additional work costs from public owner, developer, and prime contractor on a public housing redevelopment project following Hurricane Katrina.

Represented demolition contractor to recover additional amounts for unforeseen conditions on a public school demolition project.

Represented contractor to recover payment for additional work on a Louisiana National Guard project.

Represented contractor to pierce the corporate veil and recover damage award against defaulted subcontractor on a federal project.

Represented various contractors in proceedings at the Louisiana State Licensing Board for Contractors.

Defended general contractor against payment claims by a crane operator on a commercial condominium project.

Defended general contractor against non-payment and additional work claims asserted by a flooring subcontractor on a mid-size mixed-use condominium project.

Defended general contractor against inefficiency and non-payment claims by an electrical subcontractor on a new school project.

Defended general contractor against non-payment claim by door supplier on port authority project.

Defended general contractor against defective work claims by airport authority.

Defended general contractor against claims for deficient HVAC system on a public school project that included indemnity demands against HVAC subcontractor and HVAC manufacturer.

Defended general contractor in defects claim on multi-story parking facility.

Defended general contractor against non-payment and inefficiency claims by an electrical subcontractor on private school project.

Defended general contractor against non-payment claims from a civil site subcontractor on an athletic field project.

Defended general contractor against inefficiency claims by mechanical subcontractor on multiple projects.

Defended general contractor from non-payment claims by a metal stud subcontractor on a mid-size medical center renovation.

Defended general contractor from non-payment claims by multiple subcontractors on a commercial strip mall construction project.

Defended general contractors in actions brought by subcontractors for non-payment on large public infrastructure projects under the Miller Act.

Defended general contractor against RICO claims.

Defended residential contractor against claims of defective work on a high-end residential project.

Defended demolition contractor against claims alleged against it by the Louisiana Department of Environmental Quality.

Defended civil site contractor against non-payment claims raised by unlicensed equipment operator.

Defended contractor against claims by former project manager for unpaid bonuses and profit sharing.

Defended contractor against non-payment claims by a subcontractor that incorrectly constructed a splash pad at a Louisiana state park.

Defended roofing contractor against claims by public entity owner for deficient work on a public school roof project and asserted claims against architect for damages.

Defended contractor against claims by IT company for breach of contract.

Defended wharf contractor against port authority claims of defective work.

Represented prime contractor’s effort to recover overpaid amounts to a partner related to the installation of post-Katrina FEMA trailers.

Represented prime contractor to recover delay and inefficiency damages from public owner on a bridge construction project.

Represented prime contractor to recover damages caused by a subcontractor on a large federal military base project.

Defended prime contractor against claims by an electrical subcontractor, mechanical subcontractor, and framing subcontractor for non-payment on post-Katrina-related FEMA trailer installations.

Defended prime contractor against claims of non-payment and additional work on a Louisiana Department of Wildlife and Fisheries outpost project.

Defended prime contractor against multiple unpaid wage claims and penalties by a sub-subcontractor’s workers.

Defended prime contractor in multi-party lawsuit where subcontractor claimed additional amounts owed against owner, designer, and contractor.

Defended prime contractor against non-payment claims of project management company on a federal levee project; and asserted claims to recover damages from the project management company for its poor management.

SUBCONTRACTOR

Represented electrical subcontractor against owner’s claims of construction defects on certain modifications on the Lake Pontchartrain Causeway.  Worked with professional engineer to demonstrate that the alleged deficiencies were complex ferroresonance issues related to the unique nature of the project and incongruent activities on the north and south shores of the project which were not considered in the design of the Project.

Represented subcontractor related to warranty work claims on construction of a public housing project. Case included major design versus construction defects.

Represented several subcontractors on hospital projects related to payment for work performed. Case included payment of major change orders and delays caused by the failure of the general contractor to properly schedule and sequence the work.

Represented several subcontractors on airport construction projects related to payment for work performed. Cases included major delay and liquidated damages issues.

Represented several subcontractors on school projects related to payment for work performed. Cases included prompt payment violations, damage to work performed, and scheduling issues.

Represented multiple subcontractors in a concursus proceeding to recover contract payments on a public project after the general contractor defaulted.

Represented landscape subcontractor on payment bond claim on commercial project – – coordinated with general contractor to pressure owner to make payment without need for litigation.

Represented fence subcontractor on a payment bond claim to receive payment from the general contractor.

Represented framing subcontractor to recover money for additional work on a public school project.

Represented electrical subcontractor in payment bond claim, and defended against defective work claim, on a large federal military project.

Represented sheet metal subcontractor on multiple payment bond claims concerning mid-size commercial projects.

Recovered amounts owed to a subcontractor from a defaulted general contractor on a new school project.

Represented demolition subcontractor to recover damages from a prime contractor on a public services contract.

Represented mechanical subcontractor during construction to document potential claims and ensure timely payment by general contractor on a commercial project.

Represented electrical subcontractor to recover unpaid contract funds on a small commercial project.

Represented waterproofing subcontractor to recover unpaid contract funds on a large condominium project.

Represented large subcontractor to recover unpaid amounts on a large petrochemical plant construction project.

Defended glass curtain wall subcontractor on claim by airport authority for defective work.

Defended electrical subcontractor in a multi-party indemnity action by the general contractor on a multi-million dollar safe-house project.

SPECIALTY

Represented parking service provider in RFP award against the City of New Orleans.

Represented material supplier to overcome a closed specification on a public bid and allow the supplier’s product to be used on the project.

Represented university in action brought by Department of Justice under the federal False Claims Act to finding of no liability.

Represented equipment lessor on a major mixed-use construction project related to payment for rental equipment and damage to equipment. Case included issues related to substantial completion and the partial completion of the project by building.

Represented recipient of FEMA funds in FEMA audit.

Represented various drywall installers in Chinese Dry Wall Multi-District Litigation in federal court (Eastern District of Louisiana).

Represented shoring company before the Louisiana Legislature to recover additional amounts under a state-funded project.

Represented university in dispute with Department of Justice concerning Americans with Disabilities Act (ADA) barriers on college campus.  Case included negotiation over work to be performed on campus regarding ADA requirements.

Provided advice to civil engineering firm regarding potential encroachment of public structure on private land.

Represented various parties in claims involving building fire safety sprinkler systems.

Represented surrounding neighbors in zoning matter to stop illegal commercial use.

Represented municipality in stopping large non-conforming use from expanding in contravention of zoning laws.

Represented churches through the columnbarium licensing process.

Defended concrete crushing company against trespass claims in a possessory action.

Defended franchisee against franchisor’s breach of franchise agreement claims.

MANUFACTURERS & SUPPLIERS

Represented a steel supplier to recover amounts owed on a public project and defended against general contractor’s claims of delays in production and delivery of the steel.

Represented major material supplier to Interstate highway construction.

Defended electrical equipment manufacturer in a product liability matter arising from a residential fire.

Defended electrical equipment manufacturer in personal injury case involving explosion of electrical switchgear in high-rise office building.

Defended roofing manufacturer on public project against owner claims of defective product.

OWNERS/DEVELOPERS

Represented owner of a condominium unit which had moisture intrusion and mold issues that were undisclosed at the time of sale as the result of insufficient design and construction of the roof structure. Case included major loss-of-use issues.

Represented an owner of historic French Quarter warehouse being developed into condominium building after being vacant for decades.  Zoning issues included height variances for an elevator penthouse.

Represented an owner of a large mixed-use development plagued with design and construction defects resulting in mold, damage to the building envelope, foundation problems, and a host of other issues.

Represented owner/developer converting a school to an apartment/condominium complex related to payment for construction services. Case included issues related to lien periods and the substantial completion of a project when the owner performed certain work outside of the general contractor’s scope of work.

Represented developer of high-rise hotel which had multiple engineering design errors and omissions for failing to comply with local building codes. Case included claims against the architect and engineer for additional construction costs and professional liability claims against designers’ insurers, as well as claims for lost revenue due to delayed hotel opening after start of football season.

Represented private club to recover damages from contractor and designer for water intrusion caused by deficient windows arising from construction of a new club facility.

Represented hazardous material testing company to recover unpaid amounts on a project to demolish public housing.

Represented owner to recover damages to a mid-size commercial building for water intrusion caused by stucco, windows, and other construction and design deficiencies.

Represented owner to recover damages from a flooring contractor for deficient wood floor installation.

Represented insurance company owner in multi-party litigation regarding defective elastomeric roof over company’s headquarters building.

Defended a property owner in a noise case. The issues included noise testing, noise abatement systems, and acceptable noise standard issues.

Defended commercial real estate owner against Americans with Disabilities Act (ADA) claims.

Defended condominium association against claims by one unit owner to take possession and control of condominium association-owned property.

Defended horse racetrack owner against general contractor’s payment claims and pursued defective work claims against general contractor.

Provided zoning and permitting advice to owner of facility enjoying nonconforming use status.

HOMEOWNER

Represented homeowner to recover damages caused by contractor related to razing the home with federal grant funds.

Represented homeowner against home inspector to recover damages incurred to repair deficiencies that the inspector did not identify.

PRACTICE AREAS

AGREEMENTS, CONTRACTS & DOCUMENTS

Drafted bidding document for a public entity construction project.

Negotiated multiple completion agreements on behalf of surety following its principal’s systemic default or termination on multiple public works projects in various Louisiana parishes. Oversaw projects’ completions and negotiated final settlement agreements between surety and the various public owners allowing the release of project funds and waivers of some or all assessed liquidated damages.

Drafted and negotiated multiple large private and public work project contracts and subcontracts.

Defended prime contractor against payment bond claim by tile subcontractor on a public school project where the tile work was deficient.

Negotiated sale and non-compete agreement for a local hazardous material testing company.

Drafted two-phased construction contracts for owner of two related high-rise hotels.  During construction, one of the hotels experienced chronic moisture intrusion problems and resulting mold contamination due to an insufficiently designed and constructed building envelope.  Participated in remediation protocol and oversight of work for building’s mold remediation, and sought damages against design professionals, contractor, sureties and insurers for physical damage to property and resulting damages, major construction repair work, and delay damages resulting from the failure to timely complete the entire hotel to accommodate guests for the approaching Sugar Bowl, Super Bowl, and Mardi Gras.

Drafted numerous building contracts on a variety of project types.

PUBLIC BID DISPUTES

Represented janitorial services company in public bid dispute at New Orleans International Airport.

Defended against Louisiana Department of Transportation and Development’s attempts to recover a bid bond from a general contractor client that withdrew its public bid based on a bid mistake.

INTELLECTUAL PROPERTY

Represented marketing company to protect its electronic proprietary information from an ex-employee attempting to improperly take control of the company’s electronic property.

CONSTRUCTION DEFECTS

Represented quasi-public agency in dispute against the architect, general contractor, and drywall subcontractor for defective design and construction of entity’s building.  Case included major moisture intrusion and waterproofing issues throughout the building that resulted in a complete building envelope renovation.

Represented condominium association to pursue claims against the developer for defective construction and negligent property management.

Represented hospital service district owner in dispute over multiple defects with new hospital building, including moisture intrusion issues as a result of insufficient design and construction of building envelope.  Case included creation of remedial work scope accepted by owner and contractor to address problems with building envelope.

LICENSING & PROFESSIONAL LIABILITY

Defended an engineer against alleged licensing violations asserted by the Louisiana Professional Engineering and Land Surveying Board.

Defended architect against negligence claims on a military base project.

Defended architect against negligence and fraud claims on a private development project.

BID PROTEST

Represented an electrical contractor in bid protest before an administrative panel for a university-issued services contract.

Represented landscape company to defend against public entity’s attempt to disqualify the client’s bid.

Represented public school system in a bid protest on a new school project.

Defended crane contractor in public bid protest that challenged responsiveness of client’s bid.

BOND CLAIMS

Represented prime contractor in a concursus proceeding against a public owner, developer, and designers in a complex matter to recover unpaid contract amounts, change order amounts, and other damages; and defend against multiple subcontractor payment bond claims and deficient work claims by the public owner on a large residential development.