Louisiana 2012 Regular Session

Louisiana Senate Bill SB340

Introduced
3/12/12  

Caption

Provides relative to escrow of funds due under contract and non-waiver of provisions by owner or contractor. (8/1/12)

Impact

The implementation of SB 340 is anticipated to strengthen the protections offered to parties in a contract, particularly in the construction industry. By prohibiting the waiver of specific escrow procedures, the bill guarantees that all parties adhere to the established legal guidelines, thereby minimizing disputes and enhancing trust in contractual dealings. This change may lead to greater accountability among contractors and owners, ensuring that funds are managed according to the law.

Summary

Senate Bill 340 aims to enhance the legal framework surrounding the escrow of funds due under contracts. It introduces specific provisions that pertain to the procedures for holding and disbursing funds, ensuring that these procedures cannot be waived by either the owner or the contractor involved in the agreement. This legislative change is expected to provide a firmer structure for handling financial aspects of contracts, making transactions more secure and legally binding.

Sentiment

The general sentiment surrounding SB 340 appears to be supportive among stakeholders who advocate for clearer legal guidelines and greater financial responsibility in contract management. There is an acknowledgment that the inability to waive essential escrow provisions is a positive measure that may prevent adverse outcomes in financial transactions. Nonetheless, there may be concerns from contractors regarding the potential inflexibility introduced by this legislation.

Contention

While there may not be significant public contention regarding SB 340, practitioners in the field of construction and contract law could raise questions about the practical implications of strictly enforcing the escrow procedures without the ability to waiving them. The possible unintended consequences of this rigidity could foster debates about whether it may limit the ability of involved parties to negotiate terms more suited to their specific situations. However, overall, the focus remains on ensuring fair practices and protecting the rights of parties in various contracts.

Companion Bills

No companion bills found.

Previously Filed As

LA SB137

Provides relative to certain lien and escrow account procedures for certain construction contracts. (8/1/13)

LA SB244

Provides relative to rights of contracted health care providers. (8/1/12)

LA SB420

Provides relative to certain motor carrier transportation contracts and certain construction contracts. (8/1/12)

LA SB122

Provides relative to the Louisiana State Licensing Board for Contractors. (8/1/25)

LA SB552

Provide relative to early contractor involvement (ECI) method for public contracts. (8/1/14)

LA SB404

Provides relative to contracts by public entities. (8/1/12)

LA SB336

Provides relative to the State Licensing Board for Contractors. (8/1/16) (RE INCREASE SG RV See Note)

LA SB104

Provides relative to bid procedures for contractors. (8/1/17)

LA SB265

Provides relative to payments under public contracts. (8/1/20) (OR SEE FISC NOTE LF EX)

LA SB472

Prohibits certain employees from being classified as independent contractors. (2/3-CA 7s2.1(A)) (8/1/12) (EN INCREASE SD RV See Note)

Similar Bills

No similar bills found.