Jump to Navigation

Baton Rouge Business and Commercial Law Blog

Filing a delay claim during a construction project

Preparing, planning and initiating a construction project can be an exciting time, no matter the size of the project. However, whether it is a small or major construction project, there are certain steps and situations that need to be addressed by individuals and business owners in Louisiana. While it is ideal that everything goes as planned and stays on schedule, it is important to note that minute and lengthy delays could occur at various points in project. Depending on the cause of the delay and the costs and damages caused by the delay, it might be in your best interest to file a delay claim.

A delay claim is based on the period of time a project has been extended or the period of time no work has been performed on a construction project sue to circumstances that were not anticipated at the time the parties to the project entered the agreement. While there are various reasons a project could be delayed, the most common reasons include differing site conditions, changes in design, weather, defects, unavailability of labor, material or equipment and interference by the owner.

How can you address the disputes in construction projects?

For the most part, construction projects are not simple. Even if the parties to a construction contract believe the agreement is fairly straightforward, issues and setbacks could occur. Moreover, the more complex a construction project is, the more working parts there are likely to be. If an unforeseen event occurs or if one party fails to uphold their part of the agreement, this could greatly harm the entire project.

How can you address the disputes in construction projects? The best way to tackle construction disputes is to obtain a clear picture of the issues involved. Oftentimes, parties might want to wait and see how the issue develops or if the problem will fix itself. While this could help avoid taking unnecessary action, this could also give the issue time to grow and impact more areas of the project. It is important to timely address issues as they occur.

Contract dispute between Ryback and WWE could mean no renewal

Whether it is a business contract or an employment contract, these agreements are entered into for a certain length of time. Once the timeframe of the agreement is up or close to being up, it is common for the parties to the agreement to come together to renew the contract. However, if the parties to the contract are unable to agree on terms or work through new or old issues, the contract might not be renewed. Such matters could stem from or evolve into a contract dispute, making it difficult for businesses in Louisiana or elsewhere to settle on a final agreement.

According to reports, WWE wrestler, Ryback, was recently pulled from television due to a contract dispute. These report suggest that Ryback was sent home due to his dissatisfaction with the direction he was going within the company and his bookings for the last three WrestleManias.

Using ADR to resolve contract disputes

While it would be ideal if agreements would be carried out without any issues, businesses in Louisiana and elsewhere understand that this unfortunately is not a reality in the world of business. Though issues and disputes regarding the terms and conditions of business contracts do arise in the normal course of business, there are ways contract disputes can be addressed, helping companies resolve these problems in a timely and effective manner.

In some cases, Alternative Dispute Resolution methods are ideal techniques to tackle contract disputes. While each process is diverse and embodies its own costs and benefits, most ADR techniques have a common factor -- role of negotiation. The parties to an ADR proceeding are generally agreeing a negotiating on a settlement without moving forward to litigation.

How can businesses avoid wrongful termination claims?

There comes a point when businesses of all sizes need to hire new employees. While this is a normal course of business, companies in Louisiana and elsewhere also need to deal with the possibility of having to fire an employee. Although this is not an ideal task, some situations arise when it becomes necessary. Whether it is due to downsizing, poor performance, violations of company standards or other similar instances, business owners have the right to terminate the employment of their employees if a situation presents itself. Nonetheless, even if an employer rightfully terminated an employee, an employee might still exert wrongful termination.

How can businesses avoid wrongful termination claims? The first thing to do to ensure a proper termination of an employee is to not carry it out as a spur of the moment decision but rather a well-documented process. This allows an employer to provide evidence that their actions were justified and the process was carried out appropriately.

Helping businesses navigate employment liability matters

While it is common for legal issues to present themselves in the normal course of business, business owners in Louisiana or elsewhere might encounter more pressing internal legal issues. Because employees are the backbone of a company, it is essential to properly and timely address any disputes or concerns that might arise. This not only helps diffuse these problems but also helps the overall function of the business.

Whether the company is a small, mid-size or large company, our legal team is dedicated to protecting the rights of Louisiana businesses, helping them generate the strongest defense plan against any form of employment litigation that might arise. At Dunlap Fiore, LLC, our law firm is committed to meeting the needs of our clients, so they can remedy any employment liability claims presently against them.

Resolving construction contract disputes

Whether people are hiring a company to build a home, a commercial building or to do a remodel project, it is important to have the proper paperwork to memorialize the construction agreement. Individuals and businesses in Louisiana will enter into a contract with a construction company or contractor to help protect and enforce the agreement. However, it is important to consider the terms and information included in a construction contract, when it comes to avoiding construction contract disputes.

Because standard form construction contracts are readily available and less expensive to obtain, more and more contractor turn to these commercially available contracts to form agreements with their customers. While these contracts can work well and provide the basic necessary information needed in these types of agreements, the provisions of the form contract may not meet all the needs of the parties involved and could include terms the parties overlook or do not understand.

What terms should be included in an employment contract?

Companies in Louisiana need to take certain steps when hiring employees. Once a proper candidate is hired for a position, the appropriate paperwork needs to be filled out and the necessary documents need to be signed. While many employer-employee relationships include implied agreements, some positions lead to parties negotiating terms. Because of that, it is important to consider all the terms agreed to in an employment contract.

Depending on the career field and position, employees may want to limit an employer's ability to terminate them or provide them the ability to leave at anytime. Therefore, termination and "at will" employment are frequently addressed in an employment contract.

Lord & Taylor charged with deceptive advertising claim

As previously discussed, deceptive trade practices can lead to companies dealing with business litigation. Regulations are set to ensure that businesses follow certain guidelines when it comes to consumers purchasing or using their products or services. If it is believed that a company is misleading or luring consumers through false advertisement, this can result in a deceptive advertising practice claim.

The Federal Trade Commission recently brought an enforcement action against the department store chain Lord & Taylor under its new native advertising guidelines. Lord & Taylor was charged with using deceptive advertising practices in their recent social media campaign. According to preliminary reports, this campaign included 50 personalities wearing the same paisley dress on their Instagram account.

Understanding deceptive trade practices

Businesses in Louisiana dedicate much time and effort into marketing, advertising and selling their products or services. Therefore, when claims are made against a business regarding their business practices, businesses often take these accusations seriously. Such business disputes can not only harm the reputation of the company, but can also result in the business facing serious penalties if the claims are proven.

A business can face a claim for deceptive trade practice if it is believed that the company is practicing activities that are meant to mislead the public or lure consumers into purchasing their product or service. False advertising is a common example of this business dispute, and they could stem from false representation, representing goods as new when they are used, false certifications and other similar actions.

How Can We Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Subscribe to This Blog's Feed Visit Our Business
& Commercial Law
Dunlap Fiore Attorneys at Law

Dunlap Fiore, LLC
One American Place, Ste 810
Baton Rouge, LA 70825
Phone 225-910-8189
Toll Free 888-415-9150
Fax 225-282-0680
Map and Directions