News and Events
Legal Update
Louisiana’s Prompt Payment Rules Now Require Owners to Pay Contractors Within Thirty-Five Days of Request and Public Owners Can No Longer Withhold Liquidated Damages, Except Under Limited Circumstances Acts 822 and 255 - - Authors: Christopher K. LeMieux, Olivia D. Maynard, and John E. B. Ransone I. Act 822 Act 822 outlines prompt payment to contractors and subcontractors and updates [...]
Legal Update
Louisiana First Circuit Reaffirms Louisiana’s Heightened Standard to Overcome Statutory Employer Immunity Authors: Jonathan S. Forester and Jace M. Weber In Saizon v. Dow Chemical Co., the Louisiana First Circuit reaffirmed the exceptionally high burden plaintiffs face when attempting to circumvent workers’ compensation immunity through the intentional act exception—particularly in the context of a statutory employer relationship. Generally, the Louisiana [...]
Legal Update
Louisiana Fourth Circuit Affirms Mandamus Relief and Statutory Interest Awards Against City of New Orleans Authors: Christopher K. LeMieux and Emilia W. Duncan In a recent decision, the Louisiana Fourth Circuit Court of Appeal affirmed a district court’s judgment ordering the City of New Orleans to immediately pay over $750,000.00 in statutory interest to a public works contractor for late‑paid [...]
Corey S. Lloyd Authors Article on Pay-When-Paid and Pay-If-Paid Clauses
One word in a construction contract can change who carries the risk when payment does not come through. In his latest article, “Pay-When-Paid vs. Pay-If-Paid: A Small Wording Difference with Big Consequences”, Corey Lloyd breaks down the important distinction between “pay-when-paid” and “pay-if-paid” clauses, and why that difference matters before a contract is signed. Using the Louisiana Supreme Court’s decision [...]
Riess LeMieux Ranked Band 1 in Chambers USA Guide
Riess LeMieux has once again been ranked Band 1 in the Chambers USA Guide for Construction in Louisiana, marking the firm’s fourth consecutive year receiving a Band 1 ranking and seventh consecutive year ranked by Chambers and Partners. Five Riess LeMieux attorneys were also recognized in this year’s guide: Michael R. C. Riess | Band 2 Christopher K. LeMieux | [...]
Legal Update
Louisiana First Circuit Affirms Broad Duty to Defend Contractor Who Performs Design Work Under E&O Policy Authors: Christopher K. LeMieux and Brandon M. Tate In a ruling regarding the interpretation of several Errors and Omissions policies, the Louisiana First Circuit Court of Appeal has shown just how liberal a petition’s allegations will be construed when determining whether an insurance carrier [...]
Legal Update
La. Supreme Court Reaffirms Public‑Use Limits on Expropriation Authors: Liz Lambert and Olivia Maynard The Louisiana Supreme Court recently reaffirmed that under the Louisiana Constitution a public entity may expropriate private property only when the taking is for a genuine public use or purpose - - not to confer a primarily (and quite clearly) private benefit. In Plaquemines Port Harbor [...]
Corey Lloyd and Stu Richeson Author Article on Construction Contract Risk
In construction contracts, the clause that looks like it benefits you most might cost you more. Corey Lloyd and Stu Richeson explore this counterintuitive reality in their article, “Learning a Lesson by Sweating the Small Stuff.” The article walks through a real negotiation scenario involving adverse weather day provisions, a term many treat as routine. After carefully analyzing two contract [...]