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Matthew "Matt" Emmons

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Matt Emmons concentrates his practice in both construction litigation and transactional matters.

Featured Experience

Represented industrial contractor in prosecuting multi-million dollar delay and cumulative impact claim arising from industrial construction project and defending against owner's delay and lost profit claims exceeding $30 million.

Represented pipeline general contractor regarding changed site conditions and force majeure claims associated with two separate pipeline construction projects.

Negotiated and prepared numerous multi-million dollar commercial construction related contracts for contractors and owners, both institutional and private.

Professional Biography

Overview

Matt's practice focuses on construction law – both litigation and transactional – providing effective and efficient legal counsel to contractors, subcontractors, owners, developers, design professionals, suppliers and other construction parties in all aspects of public and private commercial, industrial and residential construction.

Litigation: Matt regularly represents construction clients in complex, multiparty litigation in state and federal courts, mediation and arbitration in a variety of disputes, such as those involving breach of contract, nonperformance/termination, construction and design defects, delay/disruption, productivity/inefficiency, differing site conditions, payment disputes, acceleration, force majeure, surety matters, False Claims Act defense, audit, bid disputes and third party property damage, among others.

Transactional: Matt has drafted and negotiated numerous multi-million dollar construction related contracts for both contractors and owners involving various delivery methods and pricing structures, such as design-build, design-bid-build, lump sum, cost-plus and GMP.

Contractor Licensing: Matt is experienced in contractor licensing law and has counseled clients in navigating through multi-state licensing issues in a variety of contexts, including both the acquisition of new licenses as well as changes to existing licenses, such as those necessitated by changes in a qualifying party, conversion of the licensed entity (e.g., from corporation to LLC), company mergers and ownership changes. Matt also regularly represents construction clients in more routine licensing issues and advocates on their behalf at licensing board hearings concerning alleged licensing violations.

Construction Liens and Payment Claims: Matt routinely represents construction clients in matters involving the preparation, filing and enforcement of construction lien and payment claims under the Louisiana Private Works Act, Louisiana Public Works Act and the Miller Act, and also represents clients in defending against such liens and claims when improperly asserted.

Non-Construction Related Experience: While Matt's practice focuses on construction, he also counsels non-construction commercial clients in various general business and commercial matters, both litigation and transactional.

Representative Matters
  • Litigation

  • Represented industrial contractor in prosecuting multi-million dollar delay and cumulative impact claim arising from industrial construction project and defending against owner's delay and lost profit claims exceeding $30 million.

  • Represented specialty subcontractor in prosecuting multi-million dollar delay and impact claim associated with various sequencing and coordination issues, design changes, and related matters on a project involving the construction of a $1 billion medical center complex.

  • Represented joint venture contractor in prosecuting significant delay, acceleration, and inefficiency claims on a large public project, and defended contractor against Public Works Act claims and other claims, disputes, and negotiations with subcontractors and suppliers on the project.

  • Defended disaster recovery contractor in qui tam action under the federal False Claims Act in which the relators sought millions of dollars in damages for alleged fraud in connection with the contractor's installation of FEMA-owned temporary housing in the wake of Hurricanes Katrina and Rita.  All claims against the contractor were dismissed by the district court after extensive pre-trial motion practice, and this dismissal was affirmed by the U.S. Fifth Circuit Court of Appeals.

  • Represented pipeline general contractor regarding changed site conditions and force majeure claims associated with two separate pipeline construction projects.

  • Represented EPC Contractor against multiple multi-million dollar subcontractor claims associated with $1 billion-plus Inner Harbor Navigation Canal Hurricane Protection Project.

  • Represented general contractor on a waste water treatment plant project against delay and extra work change order claims by subcontractor.

  • Represented pipeline general contractor on change-related claims in multiple states.

  • Represented general contractor against building envelope water intrusion claims associated with the construction of a three-story university building.

  • Represented owner of a multi-story, 175 unit apartment building prosecute claims for systemic failure of HVAC systems.

  • Regularly assists clients with the preparation, filing and enforcement of construction lien and payment claims under the Louisiana Private Works Act, Louisiana Public Works Act and the Miller Act, and also represents clients in defending against such liens and claims when improperly asserted.

  • Transactional and Contractor and Design Professional Licensing

  • Negotiated and prepared numerous multi-million dollar commercial construction related contracts for contractors and owners, both institutional and private.

  • Negotiated and prepared contracts and subcontracts for execution of various disaster recovery projects throughout the southeastern United States, and counseled clients on disaster recovery laws and regulations.

  • Defended clients in multiple matters before the Louisiana State Licensing Board for Contractors, Louisiana Professional Engineering and Land Surveying Board, and the Louisiana State Board of Architectural Examiners.

  • Counseled numerous clients through multi-state contractor, engineer, and architect licensing matters, including new license acquisitions and revisions to existing licenses necessitated by ownership changes, mergers, conversions, name changes, personnel changes, etc.

Professional Honors & Activities
  • Listed as a Louisiana Rising Star in Construction Litigation by Louisiana Super Lawyers (2015 – 2019)
  • Listed in Chambers USA as a leading Louisiana lawyer in Construction Law (2016 – 2019)
  • Listed in The Best Lawyers in America® in Construction Law (2020)
  • Recipient – Pro Bono Century Award, Louisiana State Bar Association (2015)
  • Member – Louisiana State Bar Association
  • Member – Federal Bar Association
  • Member – New Orleans Bar Association
  • Member – Covington Bar Association
  • Member – ABA Forum on the Construction Industry
    • Steering Committee Member, Young Lawyers Division
  • Member – Associated Builders and Contractors
  • Member – Associated General Contractors
Publications
Speaking Engagements

Industries

Education

  • Louisiana State University, Paul M. Hebert Law Center, J.D., 2009, magna cum laude
    • Graduate Diploma in Civil Law
    • Order of the Coif
  • Southeastern Louisiana University, B.A. Marketing, 2006, summa cum laude

Admissions

  • Louisiana, 2009
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Eastern, Middle and Western Districts of Louisiana

Matthew Emmons is 'very knowledgeable and a very gifted writer' according to market commentators. His comprehensive construction practice covers transactional and litigation matters on behalf of developers, suppliers, contractors and owners.

Associate Matthew Emmons is highlighted for his broad commercial practice, which includes a notable focus on construction law. One interviewee states: 'His advice has been very good. He goes beyond his role and has a presence about him that engenders trust.'

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