Riess LeMieux Client Obtains a Judgment Granting Dismissal of all Claims Brought by Seven Landowners on Eight Separate Properties Pursuant to Louisiana’s Contractor Immunity Statute
Attorneys: Christopher LeMieux, Jonathan Forester, and Spencer Johnson
In November 2021, the 34th Judicial District Court for the Parish of St. Bernard dismissed all claims brought by all seven plaintiffs.
The lawsuit involved work on a public project for the performance of drainage improvements and other related work. The firm client served as general contractor for the project. The plaintiffs brought claims for property damage that they alleged were caused by construction activities including the use of dump trucks and other heavy machinery as well as alleged vibrations caused by that heavy machinery.
Riess LeMieux argued that its client was entitled to immunity from the plaintiffs’ claims of alleged destruction or defects under La. R.S. 9:2771, which provides immunity when a contractor performs according to the plans and specifications which it did not prepare.
Riess LeMieux introduced testimony showing that the general contractor complied with the plans and specifications provided on the project. The testimony showed that the work performed by the general contractor was inspected and completed according to the contract documents and that the project was accepted as complete by the Public Entity.
The Court found that the general contractor complied with the plans and specifications on the project, which were prepared by others, and was therefore entitled to immunity from the claims of all seven plaintiffs on all eight properties pursuant to La. R.S. 9:2771.
