This six hour course fulfills the continuing education requirements as outlined by Louisiana Administrative Code (LAC) 46:XXIX, Section 113C. The first three hours concentrate on topics important to the everyday running of a successful construction business. This especially includes lien laws, tax and labor laws, and insurance responsibilities, in particular Workers’ Compensation. The second three hours explains the principles of contract law and the important elements of a home building and remodeling contract.
Learning objectives are provided to facilitate student understanding and progress. Informal progress checks throughout the module help students review and measure their understanding of the material. Chapter assessments measure understanding of the material. Students must answer 70% of the questions correctly in order to receive credit/certification for the course.
Chapter 1 – Louisiana Construction Lien Laws (Video and text format)
*Learning Objectives: 1) Explain how lien laws protect the rights and interests of both the builder and the consumer 2) Define what a lien is, as well as how and when a lien should be filed 3
A. What is a lien and who is entitled to file?
B. Phases of the lien process: Notice of Contract, Notice of Non-Payment, Notice of Termination
C. Claiming the Lien
D. Residential Truth in Construction Act
Chapter 2 – Federal and State Tax Laws (Video and text format)
*Learning Objectives: 1) Understand and describe the basic payroll and tax responsibilities of an employer. 2) Identify the proper federal tax forms that any business must complete. 3) Understand state tax specifics, especially as they relate to the construction industry.
A. Federal Taxes: EINs, Business taxes, Employment taxes
B. Preparing, Depositing, Reporting and Penalties
C. Louisiana State Taxes: Corporate, Franchise, Withholding, Sales and Use
D. Construction Industry Sales and Use Tax
Chapter 3 – Labor Law (Video and text format)
*Learning Objectives: 1) Describe the important aspects of Labor Law, including the Fair Labor Standards Act, which establishes standards for minimum wages and child labor. 2) Outline the interviewing and hiring process.
A. Hiring Practices and Requirements
B. Child Labor
C. Employee Documentation
D. Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act
E. Contractor Labor Laws
D. Louisiana Labor Laws
Chapter 4 – Risk Management (Video and text format)
*Learning Objectives: 1) Gain a basic understanding of the various types of insurance available to builders. 2) Define the importance of surety bonds to the construction industry and its consumers. 3) Identify the rules and regulations surrounding unemployment insurance.
A. Insurance Types
B. Workers Compensation
C. Unemployment Insurance
D. Surety Bonds
E. LA Workers Compensation
F. Frequently Asked Questions
The following chapters are in video and text format.
Chapter 5 – Contract Rules and Elements
*Learning Objectives: 1) Understand contractual law when making agreements. 2) Recognize why clarity of the contract language is so important. 3) Learn the basic elements of a contract.
A. Contractor law
B. Content of written agreements
D. Required Elements
Chapter 6 – Contract Types
*Learning Objectives: 1) Describe what other documents should be included with a contract 2) Define and describe the basic terms related to contracts 3) Understand what constitutes a fixed price, unit price or cost-plus-fee contract, and what the differences are.
A. Contract Documents: bid documents, special conditions, drawings, addenda
B. Role of the Contractor: prime, general, subs
C. Fixed Price Contract
D. Unit Price Contract
E. Cost Plus Fee Contracts
Chapter 7 – Offer and Acceptance
*Learning Objectives: 1) Describe “capacity” and how it may affect an agreement. 2) Identify what makes an offer valid and what constitutes an adequate acceptance. 3) Know what conditions may apply to a contract.
A. Capacity: definition, determination
B. Offer and Acceptance: give and take, bargaining, acceptance and non-acceptance
C. Terms and Conditions
Chapter 8 – Consideration
*Learning Objectives: 1) Understand mutuality of obligation in terms of consideration. 2) Identify who and what agents represent. 3) Describe delegation and assignment of responsibilities 4) Understand the concept of a “reasonable person”.
A. Consideration: Mutuality of obligations, who gives what
B. Agents: who do they represent? What authority do agents have?
C. Delegation of Responsibility: transfer of duties related to the contract
D. Reasonable Person: definition
E. Beware Mistakes that Bind
Chapter 9 – Breach of Contract
*Learning Objectives: 1) Understand how the statute of limitations for malpractice and the statute of repose works for contractors 2) Identify the positive and negative forms of contracts 3) Appreciate the need to read the entire document and get all agreements in writing.
A. Buyer Beware!
B. Form Contracts: fill in the blanks
C. Fine Print
D. Get it in Writing
E. Stopping Work Before a Dispute
F. Excluding Work from a Contract
Course instructors will be available by email or telephone between 9am and 5pm Eastern Standard Time. They will assist you with questions regarding course content.
If you have any questions, please call us at 1-800-727-7104 or send an email to firstname.lastname@example.org. Email responses will usually be returned promptly, but guaranteed within one business day.