Law Office of James D. Prescott, III

Mr. Prescott has represented owners, contractors, subcontractors, and suppliers in construction matters in the Gulf Coast, Louisiana, and Texas areas for over fifteen years.   His practice includes the areas of industrial, civil, commercial, offshore disputes.  Mr. Prescott has particular experience in negotiating complex land and offshore complex Engineer Procure & Construct (EPC) contracts as well as design-build contracts. He has frequently used his dispute resolution experience in construction matters to help clients identify risks in their construction contract negotiations.   He has crafted claims on behalf of contractors on the basis of delay, disruption and acceleration, warranty, design changes, construction defects, growth in scope of work, labor productivity/inefficiencies, force majeure, schedule, and liquidated damages, change orders, bid protests, terminations for default and convenience, surety bond issues and related builder’s risk.

  • Mr. Prescott also has experience advising clients on claims or liens arising under the Louisiana Private Works Act and the Louisiana Public Works Act.  
  • Mr. Prescott has been named as a Super Lawyer Rising Star in the field of Construction Law in 2013, 2015, 2016, 2017, 2018, and 2019.  
  • Mr. Prescott is a member of the Associated General Contractors of America and the Construction Financial Management Association.

Mr. Prescott’s experience in construction matters include:

  • Representation of national industrial contractor in Request for Equitable Adjustment due to refinery owner changes and differing site conditions
  • Representation of national industrial contractor in natural gas plant construction dispute over time and materials billing and contract claims
  • Representation of non-profit in breach of contract, bonding, and lien claims by subcontractor and sub-subcontractor in Eastern District of Louisiana.  
  • Representation of national contractor in bonding and breach of contract claim related to the building of US Army Corps. of Engineers Levees in Plaquemines Parish, Louisiana. Successful settlement.
  • EPC/EPCM Contract Formation, Negotiation, and Advice
    • Formation and negotiation of EPC/EPCM Contracts for the construction and/or modification of industrial, power generation plant equipment and turbines, and associated equipment and services
  • Master Service Agreements (MSAs), Construction Contracts, Subcontracts
    • MSAs, contracts, and subcontracts for construction services for industrial plant owners and shipyards (including Inspections, Non-Destructive Testing, Ultrasonic Testing, Welding, Equipment, Electrical, Engineering, and other related services) 
  • MSAs for Contractual Labor Suppliers
  • Pipeline Construction Contract Negotiation and Advice
  • General Construction Contracts
  • Provided Contractual and Lien Advice to General Contractor related to the construction of the industrial facility.