Dear Friends, Clients and Colleagues:
As we all try to get back to some sense of normalcy post-Hurricane Gustav, we hope that everyone is doing well and has incurred minimal problems related to the storm and the mandatory evacuation. We are happy to report that Deutsch Kerrigan & Stiles is up and running, and our lawyers are ready to assist you with any future problems or claims. We recognize that although Gustav did not cause the significant damage and inconveniences of Katrina in the New Orleans region, other areas of Louisiana were hit hard by the storm, and our thoughts are with those communities.
As we learned with Katrina, it is important to take certain precautions and document any delays or problems that may have occurred as a result of Hurricane Gustav. The following is a list of a few items to consider to better protect your businesses and/or construction projects after a hurricane:
1. Document any and all damage with photos or video before and during the repair or clean-up process. Remember to print out those photos and keep them in a file. Include with the photo a description detailing what is in each photograph, the date it was taken, and the photographer.
2. Document any and all communications you may have with owners, architects, subcontractors, suppliers and/or any other individuals on the project regarding the conditions of the project and any effects that mandatory evacuations may have had on the timely completion of the project. It may also be beneficial to confirm prices and delivery dates with local suppliers, and include all such conversations in documentation.
3. It may be beneficial to include in your records any publication that discusses the mandatory evacuation in the parish and/or parishes where your project is located.
4. It is important to review your contract on any project to determine your rights and/or reporting obligations to the other parties, e.g., force majure, suspension of work, time extensions, builder's risk claims, and requests for change. If you need assistance reviewing any such contracts, we are happy to assist you.
5. If you intend to make any insurance claims as a result of the storm, you should carefully review the applicable policies on the projects to determine potential coverage and any specific notice requirements and/or deductible information to help determine whether the claim is valid.
For updated information related to Louisiana's recovery efforts and/or specific parishes, please see www.emergency.louisiana.gov. Please don't hesitate to contact us if you need any assistance in preparing any future claims and/or protecting your rights during this recovery process.
We look forward to a quick recovery.
Best of luck,
Terry L. Brennan and the DK&S Construction Department
