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Baton Rouge Business and Commercial Law Blog

Common reasons construction disputes occur with federal agencies

When companies in Louisiana and elsewhere enter into a contract with a federal agency to construct a building or design an addition to a current structure, much time, effort and planning must be exerted. These are frequently huge projects with tight deadlines. However, even the most carefully planned construction project is not executed without any flaws or setbacks. Thus, it is important to understand why construction disputes occur in a federal contract so proper steps can be taken to remedy them.

Based on a 2015 study, it was discovered that the most common cause for construction disputes when a federal agency is a party was due to cost adjustment denial. Cost changes in these types of contracts frequently occur due to unforeseen problems or issues that arose over the course of the construction project.

What remedies are available for a breach of contract?

As a previous post highlighted, a contract dispute could impact normal business operations for companies in Louisiana and elsewhere. When issues emerge with a contract, whether it's a new contract or a reoccurring one, this could make it difficult to uphold the terms of the agreement. When a party to a contract does not do what the contract outlines, this is often considered a breach. And when a breach occurs, the non-breaching party has options to overcome the situation.

What remedies are available for a breach of contract? While there are various remedies available, some remedies are more appropriate than others given the type and magnitude of the breach. For instance, if the breach is minimal and does not alter the purpose of the contract, it is likely that specific performance will be sought. This means that the goods or service promised by the contract will be fulfilled. However, this type of remedy is usually reserved for goods and services that are unique and no other remedy will suffice.

Helping you remedy contract disputes

Minor and major business agreements are made everyday in Louisiana and elsewhere. While these contracts are often entered into and executed without a hitch or any issues, other contracts present some problems for the parties involved. In some cases, one or more parties to the agreement may not be upholding their duties or fulfilling their obligations. These matters often turn into a serious contract dispute, making it difficult for the purpose of the agreement to be met.

At Dunlap Fiore, LLC, our legal team understands that various obstacles and issues could present themselves when a contract is entered into, and our attorneys are dedicated to serving clients in the Baton Rouge area. Whether it is a one-time agreement or a re-occurring contract, we are prepared to provide our expertise at any stage.

The FMLA and possible employer liability claims

Employers in Louisiana and elsewhere have various concerns when it comes to their employees. While state and federal laws dictate that employers must meet certain terms and requirements for their employees, having an open dialogue about employee rights could help an employer avoid unnecessary disputes, even helping them avoid employment litigation or other related legal issues.

For some employees, making sure that they are provided the necessary time off from work in a certain situation or event could be very important. Therefore, the Family and Medical Leave Act or FMLA was established. This Act defines the rights entitled to an employee when it comes to taking time off from work without the fear of losing his or her job.

What copyright and how does it protect intellectual property?

For some small business owners in Louisiana, the purpose of his or her company is to sell or distribute the work he or she created. The success of their company relies on the continual production or use of their work; therefore, it is essential for a business owner to take certain steps to protect this work. With regards to intellectual property, this means establishing copyright protection.

What is a copyright and how does it protect intellectual property? In order to understand the mechanism of protection a copyright could provide, it is important to recognize what intellectual property is. Intellectual property refers to the creations of the mind. In other words, these are inventions, literary and artistic works, names and images used in commerce.

Louisiana Senate passes bills to settle dispute with firefighters

When small businesses and large companies in Louisiana and elsewhere hire new employees or renew employment with current workers, employers have to take specific steps to protect the rights and interests of both the employer and the employees. Employment contracts provide not only the terms of employment but also certain stipulations for benefits and even termination. Thus, if an employer does not offer an adequate employment contract or one of the parties fails to uphold the conditions of the agreement, it is likely an employment dispute will emerge.

According to reports, the Louisiana state Senate recently approved three bills in a four-bill package that would provide for changes to the pensions of newly hired firefighters in New Orleans. Additionally, these bills would end a feud with the city government that has lasted for decades.

Employer liability for sexual harassment by a supervisor

Business owners and managers in Louisiana and elsewhere often deal with the complaints and concerns of their employees. While this is frequently a part of the normal course of business, other situations involve more pressing matters. When employees believe that they might be a victim of sexual harassment by a supervisor, this does not only potentially place liability on the supervisor named but could also result in employer liability as well.

Title VII of the Civil Rights Act prohibits harassment of any employee based on their race, color, sex, religion or nationality. Harassment in the workplace can occur when any discriminatory treatment based on race, color, sex, national origin, age, disability or genetic information takes place.

Examining the basics of reverse mergers

As a previous post suggested, going through a business merger or acquisition can be a complex business transaction. Although it is multifaceted, mergers & acquisitions or M&A, can be a very beneficial and lucrative process for a company in Louisiana and elsewhere. Nonetheless, this process is usually carried out by a public company or among several public companies.

The public status of the company aids the process. However, this is not a requirement for an M&A to occur. In fact, there are similar processes available for private companies, so they can enjoy the same benefits a public company does during a traditional M&A. This process is known as a reverse merger.

Helping businesses determine if a merger is the right move

Once a small business or company is established, there are several major events that could greatly impact the life of that business. One of those events is a merger & acquisition or M&A. When a business decides to merge with another business or acquire another business, this action not only effects the overall functioning of the business, but also impacts the many stakeholders involved. Shareholders, directors, managers, employees and customers could all feel the effects of a merger or an acquisition. Therefore, these processes should be carefully and intelligently entered into.

At Dunlap Fiore, LCC, we have the knowledge and skills to meet the business goals of those in the Baton Rouge area. Whether it is a new or old company, our legal team takes the time to fully understand the objectives of our clients, helping them achieve their business goals.

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.

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