A Louisiana court recently reiterated the importance for all parties to a construction contract to ensure, prior to executing the contract, that the contractor is licensed in Louisiana. In Ioannis Maroulis v. Entergy Louisiana, LLC, et al., the Louisiana Fifth Circuit Court of Appeal ruled that if a contractor is not licensed in Louisiana per La. R.S. § 37:2150, any contract that the contractor enters into is absolutely null and void ab initio in violation of Louisiana contractor licensing laws, which are enacted to protect the interests of the public.
Are notice requirements for contractor delays claims always enforceable? Not always. The Louisiana Fourth Circuit recently issued an important decision regarding the enforceability of written notice requirements in a case concerning delay claims, concluding that several factors precluded the project owner from denying claims for lack of timely notice.
Christopher LeMieux to Participate in Legal Panel at the Louisiana Association of General Contractors Critical Issues Summit
On March 3 and 4, 2021 the Louisiana Association of General Contractors (LAGC) will be virtually hosting their Annual Critical Issues Summit. Riess LeMieux partner, Christopher LeMieux, will be attending and participating on the legal panel. The event will also include national updates, a legal seminar and break out session, and an economic outlook breakout session.
Thomas Henican, partner at Riess LeMieux, will cover legal issues implicated by the recent approval and use of COVID-19 vaccines, including: Equal Employment Opportunity guidance, the ADA, the Civil Rights Act and the Pregnancy Discrimination Act. The discussion will include best practices for employers considering distribution of the vaccine directly (or through a third party) and/or requiring proof of vaccination to return to work, and will conclude with a discussion of Louisiana’s liability limiting COVID-19 statute as to employer vaccination programs and the proposed federal legislation.
Riess LeMieux is pleased to announce that Michael Lane has been named to the "Super Lawyers 2021" List and Jonathan Forester, Michael Blackwell, and Robert Riess have been recognized on the “Louisiana Rising Stars Super Lawyer 2021” list in the field of Construction Law. This will be Jonathan Forester's seventh selection, Michael Lane's third selection, and Michael Blackwell's second selection to this award. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Rising Stars must meet all of these requirements and be under the age of 40.
Building Success: Riess LeMieux Client Prevails in $90 Million Bid Dispute at Louisiana Supreme Court
The project involved repair and mitigation construction services at the Main Campus for the Louisiana State University Health Sciences Center in New Orleans. The project was publicly advertised for bids by the State of Louisiana, Division of Administration. The lowest monetary bidder was determined to be ineligible for the award due to unit-price errors on its bid form. The firm’s client had submitted the second lowest monetary bid, which the DOA determined to be responsive. As a result, the DOA awarded the project to the firm’s client as the lowest responsive bidder.
In a recent decision concerning the Texas Workers’ Compensation Act (TWCA), the Texas Supreme Court emphasized the high bar plaintiffs must meet to satisfy the narrow “intentional tort” exception in the statute. As in many other states, a Texas worker’s injuries sustained during the course of employment are exclusively governed by the TWCA. The only exception that would allow a worker to sue an employer for damages outside the purview of the TWCA is if the employer intentionally caused the worker’s injuries. The Texas Supreme Court ruled that an employer who commits gross negligence or deliberately ignores a risk of injury to an employee does not meet the definition of “intentional” under the TWCA.
Riess LeMieux, LLC, a rapidly growing CBD law firm, is seeking an Attorney with 5+ Years’ experience in Commercial Litigation, with emphasis in Construction Litigation. Strong writing skills including writing motions and memoranda is of the utmost importance.
The rapidly growing office of Riess LeMieux, LLC, has an opening for a motivated and talented Paralegal with 5+ years of litigation experience. Candidate must have exceptional organizational and communication skills, proficient in MS word, Power Point, Excel, Outlook, and type with speed and accuracy.
Riess LeMieux has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” regional lists. The firm has been ranked Tier 1 for Construction Law and Litigation and Tier 3 for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. This announcement follows the news that four attorneys were recently selected to Best Lawyers 2021 publication.