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Baton Rouge Business and Commercial Law Blog

Helping you devise a strategy to overcome a construction dispute

Whether you are seeking to build a home, business, an addition to an existing building, a commercial complex, a road, bridge or any other type of structure, there are often many working parts to a construction project in Louisiana and elsewhere. Thus, when issues occur, parties fail to uphold their obligations, there are major delays or even construction defects, construction disputes are likely to emerge.

At Dunlap Fiore, LLC, our experienced attorneys are dedicated to helping project owners, general contractors, subcontractors, design professionals, equipment suppliers and construction lenders in the Baton Rouge area. Whether you are facing construction project issues due to withheld payments, lien claims, defective work, delays, defective designs or claims for additional work, our legal team has the skills and resources necessary to help our clients overcome these challenges.

Reducing employer liability with a driver safety program

Employers in Louisiana and elsewhere have to take certain steps to meet the needs of their employees. This does not only serve to protect the health and wellbeing of the employees but also protects an employer from an employer liability claim. By taking the initiative to implement specific programs in the workplace, information and guidelines could be shared among employees. This step could also help to protect from a lawsuit if certain incidents or accidents occur in the workplace.

Employer liability could occur when an employee is injured or killed in a motor vehicle accident. Such actions could occur if an employee is injured while they are both on and off the job. However, this is not the case for all employees and employers. For example, the likelihood of employer liability occurring due to an automobile accident is higher in industries involving a large fleet of vehicles, mobile sales forces or employees with long commutes.

What are the fiduciary duties of board members?

When business relationships are formed in Louisiana and elsewhere, certain duties are required to be met by the parties or members of a business. Failing to meet such duties does not only hurt the business relationship formed but could also impact the overall function of a business.

One such duty is known as a fiduciary duty and, in simplified terms, means that the named fiduciary is bound by law to act in the interest of the other party. In sum, a fiduciary must act in such a way to ensure that they provide the greatest benefit to the other party. Moreover, the fiduciary is also required to avoid certain circumstance where their interests may be in conflict with those of the other party.

Kesha announces first tour after dramatic contract dispute

Louisiana residents understand that entertainers enter employment or business contracts similar to regular employees in the state and elsewhere. And, while these contracts spell out basic terms of employment or a business arrangement, these do not prevent contract disputes from occurring. In fact, if one party to the contract believes that there was a major or even minor breach of contract, this could result in a major dispute that requires business litigation.

By now, most people are familiar with the singer and entertainer Kesha and her long-running litigation with her producer, who is known as Dr. Luke. Back in 2014, Kesha sued her producer in Los Angeles for allegations of sexual, physical and mental abuse while Dr. Luke sued her in New York for defamation and breach of contract. In June of 2015, Kesha's claims alleged in L.A. were put on hold because her current contract required that the legal issues in New York be resolved first.

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.

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