Construction Litigation Roundup: “Tear Down This Wall!”

Concrete wall

The federal court found that the mitigation firm performed work in the nature of “alteration” and “tearing down,” which requires a Louisiana contractor’s license.

September 6, 2023
Daniel Lund III - Lexology

If you enter a contract to do that in Louisiana, you had better have Louisiana contractor’s license!

It is now axiomatic in Louisiana that when a Louisiana contractor’s license is required, the contract for work performed by an unlicensed contractor is an “absolute nullity,” such that the contract is deemed never to have existed. While Louisiana does not prohibit (as would be the case in certain other states) that contractor from quantum meruit/unjust enrichment recovery, who wants to rely on those noncontractual bases for recovery?

After any hurricane in Louisiana, out-of-state contractors swoop in. In the case of a water mitigation company from Texas working on a property that was water damaged by Hurricane Ida, the customer refused to pay for services rendered and then defended against payment by urging that work performed by the mitigation firm required a Louisiana contractor’s license – which the mitigation firm lacked.

Mr. Lund may be contacted at daniel.lund@phelps.com



714.701.9180

Arrange No Cost Consultation

 

Construction Defect Journal is aggregated from a variety of news sources, article submissions, contributors, and information from industry professionals.

No content on this site should be construed as legal advice or expert opinion. By viewing this site you agree to be bound by its terms and conditions

 

Copyright 2024 - Construction Defect Journal – All Rights Reserved