Construction Law Attorneys in New Orleans, LA

The Cromeens Law Firm provides comprehensive legal services for the construction industry in New Orleans, Louisiana. Our services include construction law, construction contract disputes, construction contract review and creation, construction liens, collections, and business law. Leveraging extensive local knowledge and broad legal expertise, we provide solutions tailored to the Louisiana construction market to help protect your projects and secure your legal rights.

Louisiana’s mechanics’ lien law has unique characteristics that differ from other states. Contractors must file a Notice of Contract for projects exceeding $100,000 before beginning work, or they completely lose their lien rights for projects over $25,000. The general deadline for filing a Statement of Claim and Privilege is 60 days from substantial completion. Recent changes to Louisiana law establish that if a general contractor fails to timely file a Notice of Contract for projects exceeding $100,000, that contractor loses lien rights entirely. Our attorneys stay updated with these changes and can help you navigate Louisiana’s complex lien requirements.

A construction contract dispute occurs when parties involved in a construction project cannot agree on contractual terms, payments, work quality, deadlines, or responsibilities. Common disputes include project delays, scope changes, construction defects, payment issues, and specification non-compliance. Our specialized construction dispute attorneys analyze complex contracts, identify potential risks, and develop strategies to protect your interests through negotiation, mediation, arbitration, or litigation, always aiming to secure the best possible outcome.

Legal review of construction contracts before signing is fundamental to protecting your financial and legal interests. Louisiana construction contracts involve state-specific regulations that require specialized legal expertise. Reviewing contracts helps identify unfavorable clauses, hidden penalties, disproportionate obligations, payment problems, and lack of protection. Our legal review provides risk identification, term negotiation, regulatory compliance, financial protection, and clarity in obligations. As the saying goes, withdrawing from a deal could lead to significant penalties, like being forced to buy the property.

Subcontractors in Louisiana have specific rights protected by state law, including the right to payment, lien rights, access to information, and protection against discrimination. However, under Louisiana law, there is no common law right for an unpaid subcontractor or supplier to sue the owner directly without a direct contractual relationship. Subcontractors generally must seek payment from the general contractor they contracted with. Available protections include mechanics’ liens, bond claims if a payment bond exists on the project, contractual actions, and prompt payment claims under Louisiana’s prompt payment laws.

New Orleans has specific construction regulations reflecting both Louisiana state laws and unique local ordinances addressing the particular challenges of building in a hurricane-prone subtropical environment. These include contractor licensing requirements, Louisiana’s unique lien laws and Notice of Contract procedures, insurance regulations, local building codes adapted to unique climatic and geographic conditions, historic district regulations for areas like the French Quarter, elevation requirements for flood-prone areas, wetlands regulations, hurricane resistance codes, and drainage and stormwater management requirements. Non-compliance can result in fines, work stoppage orders, reconstruction requirements, and insurance or financing problems.

Our collection attorneys use multiple strategies including reviewing contractual rights, filing mechanics’ liens, pursuing bond claims, direct legal actions, and alternative methods like negotiation and mediation. We can recover the principal amount owed, interest on overdue payments, legal costs and attorney fees, lien filing costs, and other collection-related expenses. Louisiana has specific deadlines including 60 days for mechanics’ liens generally, various deadlines for bond claims depending on type, and prescription periods for contractual actions. Acting quickly is essential to preserve all your collection rights.

Construction defect claims are serious matters that can involve millions of dollars in damages and require immediate, strategic response. Common defects include structural problems, envelope defects like waterproofing and moisture damage, mechanical system failures, and New Orleans-specific issues like subsidence-related damage and inadequate hurricane resistance. Immediate steps include complete documentation through photographs and records, timely notification to all potentially responsible contractors in writing, and professional investigation by qualified inspectors and engineers. Legal strategies vary for contractors being sued versus property owners making claims, with considerations for Louisiana’s specific prescription laws, construction standards regulations, and unique environmental factors affecting construction.