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Legal Update: Yor-Wic Construction Co., Inc. v. Engineering Design Technologies, Inc., et al. (July 2020)

By Riess LeMieux|2020-09-23T15:47:42-05:00September 21, 2020|

The U.S. District Court for the Western District of Louisiana recently issued a ruling that clarifies the liability of a surety when a claimant gives late notice of a loss and also made clear the duty of a commercial general liability (“CGL”) carrier to indemnify its insured for an economic-loss claim. In Yor-Wic Construction Co., Inc. v. Engineering Design Technologies, Inc., No. 17-0224, 2020 WL 3964775 (July 13, 2020), Yor-Wic, a subcontractor, was denied the opportunity for a subcontract and subsequently brought a lawsuit against the surety and the general contractor.

Riess LeMieux Welcomes Patrick “Trey” Talley to the Firm

By Riess LeMieux|2020-08-18T08:52:23-05:00August 17, 2020|

Riess LeMieux is pleased to welcome Patrick "Trey" Talley to the firm. Trey is a recent graduate from the Paul M. Hebert Law Center at Louisiana State University and also has a Structural Engineering degree from Clemson University. The firm is excited about his technical experience that will allow him to assist in advising clients on construction-related issues.

Legal Update: Golden Spread Electric Cooperative, Inc. v. Emerson Process Management Power & Water Solutions, Inc.

By Riess LeMieux|2020-05-26T13:03:43-05:00May 26, 2020|

In a recent U.S. Fifth Circuit case applying Texas law, the court cited the economic-loss rule to bar recovery for damage to a steam turbine generator caused by a faulty software upgrade in Golden Spread Electric Cooperative, Inc. v. Emerson Process Management Power & Water Solutions, Inc., 954 F.3d 804 (5th Cir. 2020). Ruling on an unsettled question of law in Texas, the Fifth Circuit was required to make an “Erie guess” as to whether the Texas Supreme Court would apply the economic-loss rule to bar tort recovery for a faulty replacement part that damaged the original product.

Indemnity, Change Orders, and More: Top Construction Legal Issues and Answers Audio Webinar

By Riess LeMieux|2020-05-22T16:17:08-05:00May 12, 2020|

Christopher K. LeMieux and Jonathan S. Forester will be hosting an audio webinar with the National Business Institute on June 10, 2020. This webinar will focus on construction issues that can have substantial legal repercussions. It will cover how to troubleshoot these issues and give you the information necessary to find solutions before they escalate. Riess LeMieux regularly provides webinars and seminars for clients on a wide array of legal topics.

Bankruptcy Code Amendments in the CARES Act

By Riess LeMieux|2020-08-26T11:44:33-05:00April 29, 2020|

The recently passed CARES Act provides significant assistance to small businesses that may be considering bankruptcy due to financial losses caused by the COVID-19 pandemic. The new law expands the debt limits threshold from $2,725,625 to $7,500,000, thus allowing many more individuals and businesses to qualify for expedited bankruptcy relief under the Small Business Reorganization Act. Bankruptcy filers will also be able to exclude any economic relief they receive from the federal government as a result of the COVID-19 pandemic so as not affect their eligibility to file. Lastly, those operating under a confirmed Chapter 13 plan, assuming proof of “material financial hardship,” can extend their plan up to seven years.

Riess LeMieux Construction Practice and Attorneys Ranked in 2020 Chambers USA: America’s Leading Lawyers for Business

By Riess LeMieux|2020-05-06T11:09:29-05:00April 24, 2020|

Riess LeMieux has been ranked in the 2020 guidebook, Chambers USA: America’s Leading Lawyers for Business in the area of Construction Law. Firm founders, Michael R. C. Riess and Christopher K. LeMieux were also recognized in the publication for their individual achievements in the area of construction law.

Legal Update: Recent Insurance Decisions

By Riess LeMieux|2020-04-28T13:38:29-05:00April 17, 2020|

In three recent insurance decisions, Louisiana courts again reminded potential claimants of important insurance principles. These decisions addressed (1) claims that may arise out of contractual and delictual (tort) duties; (2) the manifestation trigger theory to determine policy coverage; and (3) the meaning and application of an “occurrence” for CGL coverage.

Proposed Legislation Due to COVID-19

By Riess LeMieux|2020-04-28T13:39:52-05:00April 8, 2020|

The Louisiana Legislature has joined a number of other states—including New York, New Jersey, Massachusetts, and Ohio—in introducing legislation that would require business interruption insurance to retroactively cover business losses attributable to the COVID-19 pandemic.

Labor and Employment Issues Amid COVID-19 – What Employers Need to Know

By Riess LeMieux|2020-08-26T11:44:00-05:00April 3, 2020|

As the novel coronavirus (COVID-19) continues to spread, employers and employees alike are concerned about how the virus may impact their rights. Employers are also concerned about what duties are owed to employees under federal or state law. These concerns may include notifying employees of preventative measures or leave requirements resulting from the spread of […]

What Contractors Should Know in a Coronavirus World

By Riess LeMieux|2020-04-28T13:46:14-05:00March 19, 2020|

The rapid spread of COVID-19 raises questions as to how construction contracts may be interpreted in light of the spread of a global pandemic and subsequent government shutdowns. This article provides an overview of the key provisions that owners and contractors should review in their contracts, including force majeure, suspension, termination, and emergency clauses, as well as the application of government regulations on federal projects.