AREAS OF PRACTICE

CONSTRUCTION LAW AND LITIGATION

In 2001, Mr. Rials graduated from Northeast Louisiana University (then NLU, now ULM-the University of Louisiana at Monroe) with a Bachelor of Science degree in Construction Management. NLU's School of Construction was the first accredited school of its kind. Mr. Rials grew up in and around construction, and prior to law school he worked as a superintendent/project manager for various construction companies. Outside of the practice of law, Mr. Rials is involved in various residential and commercial development projects. He also routinely speaks to the Northeast Louisiana Homebuilders Association, and provides continuing legal education to its members.

The firm is experienced in the following areas of construction law:

The best way to avoid a dispute in construction is through proper planning and document review. Our firm assists numerous contractors, subcontractors, developers, and other construction professionals regarding contract formations and review. Mr. Rials is also familiar and experienced with both the Louisiana New Home Warranty Act (La. R.S. 9:3141) and the Louisiana Private Works Act (La. R.S. 9:4801), having lectured on these two subjects on numerous occasions.

The Louisiana New Home Warranty Act (NHWA) is the exclusive remedy regarding residential home defects between a home owner and the builder of the home, provided the builder has not contractually obligated himself to additional warranties. Mr. Rials has handled numerous NHWA claims, cases, and issues. The builder should be familiar with the NHWA, and the homeowner, or prospective homeowner, should be equally aware of what the legislation does and does not afford.

The Louisiana Private Works Act governs liens/privileges arising from construction on private jobs. There are very specific requirements under the Act that construction professionals must follow in order to file an applicable lien or privilege. Many of these requirements involve actions that need to be taken prior to the commencement of work, including filing of notices of contracts and bonds. Please contact our office to discuss scheduling a consultation for your Construction Law needs.

  • New Home Warranty Act Claims
  • Contract preparation and negotiation
  • Lien law and Privilege
  • Alternative Dispute Resolution (ADR) of construction disputes

PERSONAL INJURY

The firm is experienced in numerous aspects of personal injury, including but not limited to:

No one wants to be involved in an accident whereby you or a loved one suffers personal injuries. However, if you or someone you know is injured through the negligence of someone else, it is essential that the injured party retain competent legal counsel to assist them. Mr. Rials and his staff are experienced in various types of personal injury claims.

In many claims or cases, the claims of the injured party can be resolved short of filing a lawsuit. If the case cannot be settled short of a lawsuit, the injured party needs an attorney who is competent and familiar with handling personal injury suits, and an attorney who is competent and aggressive in trying the case to a judge or jury if needed.

Mr. Rials is familiar with the ins and outs of personal injury litigation, having previously practiced in the area of insurance defense. He is also an experienced trial attorney who can try your case to the trier of fact and obtain a just and adequate judgment.

Several issues that must be analyzed in a personal injury case are:

Each case is different, with a different set of facts and parties. Please contact our office to discuss setting up a consultation regarding your case or claim.

  • Motor vehicle
  • Trucking accidents
  • Premises liability
  • Workplace injuries
  • The appropriate quantum, or value of the claim or case
  • The need for specialized medical care with a specialist competent to testify in the case
  • Insurance, Medicare, and Medicaid reimbursement issues
  • Potential loss of consortium claims for spouses/children, etc
  • The appropriate venue within which to file suit, if necessary
  • Retaining appropriate expert witnesses such as accident reconstructionists and economists
  • Insurance coverage analysis, including third party liability coverage and first party UM and Medpay coverage

DOMESTIC LAW

Mr. Rials and his firm are experienced in the area of domestic/family law. Issues involved in this area of the law include, but are not limited to:

Many times, the litigants involved in domestic litigation are extremely emotional. It is important that a party be represented by an aggressive, yet realistic attorney experienced in domestic law. Mr. Rials has handled many domestic cases at the hearing officer level (mandated in some districts), the trial court level, and the appellate level.

The first step is to schedule a consultation. For domestic consultations, a consultation fee is generally required. Mr. Rials has reduced the number of contested custody cases he is taking, but if the firm is not agreeable to taking the case after a consultation, we can generally refer the prospective client to a competent colleague experienced in domestic law.

  • Divorce, both fault and no-fault
  • Incidentals to the divorce such as custody, child support, and spousal support
  • Exclusive use of a home and vehicles
  • Rental value for exclusive use awards
  • Partition of community or former community property
  • Temporary Restraining Orders, Injunctions, and Registered Protective Orders
  • Collection of arrearages for child support or spousal support
  • Modification of prior custody awards
  • Division of retirement benefits through QDRO's (Qualified Domestic Relations Orders)
  • Drafting of separate property agreements prior to marriage

REAL ESTATE

The firm offers an array of real estate services to meet the needs of both existing and prospective clients. Mr. Rials is a licensed title agent with the Louisiana Department of Insurance. He is approved to handle transactions for a number of local banks/lenders. For matters involving title insurance, the firm is approved as an outsider closer for a large title company, and can provide all necessary title services, including the issuance of lender's and owner's title insurance and all applicable endorsements.

Please contact our office with any title requests. Estimated closing costs can be provided to lenders upon receipt of loan details and services requested.

The firm also assists buyers and sellers in real estate transactions, including drafting of purchase agreements, appropriate corporate resolutions and consents, and negotiations. Other areas of real estate law practiced include:

If we can assist you with a real estate closing, or if you would like to schedule a consultation to discuss your real estate issue, please give our office a call.

  • Boundary disputes
  • Unauthorized cutting of timber
  • Building Restrictions
  • Easements, Servitudes, and Rights of Ingress and Egress
  • Encroachments
  • Zoning
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CODY W. RIALS, APLC

4404 Old Sterlington Road Suite 105

Monroe, LA 71203

ph. 318.737.7059

fx. 318.737.7255

Martindale-Hubbell AV Preeminent credentialMillion Dollar Advocates Forum credential

© Cody W. Rials, APLC