In a major victory for federal contractors, a Louisiana appeals court affirmed a trial court’s determination that the Sewerage and Water Board (S&WB) is solely liable for damages to several homeowners stemming from the Uptown drainage work performed by three contractors under the auspices of the U.S. Corps of Engineers. Notably, the court found that there was “no evidence that any of the contractors breached their contracts, negligently or otherwise.”
Riess LeMieux is pleased to announce that Construction Executive Magazine, one of the most respected publications in the construction industry, has selected the firm among The Top 50 Construction Law Firms in the nation. Competing with many older and larger firms from across the country, Riess LeMieux was ranked 40th after only a year of practice, making it the newest law firm in the inaugural report.
It is black-letter law that architects owe a professional duty of care to third parties, but recovery for design errors is limited in the absence of a contract. In a recent federal decision, the court reaffirmed that an architect can be liable to a subsequent owner of property for damage caused by defective design but not for the defective design itself.
Riess LeMieux is pleased to welcome Margaret N. Davis to the firm. A graduate of Tulane University Law School, her experience includes securities, maritime, and commercial litigation. During law school, Margaret served as Managing Editor of the Tulane Maritime Law Journal and was a semifinalist on the Admiralty Moot Court team. She also served as a judicial intern at the United States District Court for the Southern District of Mississippi. Margaret is also a legal writing instructor in business law at Tulane’s Freeman School of Business.
The Louisiana Supreme Court rendered a split decision that will have major ramifications for insureds in Louisiana. The court’s decision in Creekstone Juban I, L.L.C. v. XL Insurance America, Inc., (La. May 8, 2019), permits insurance policies to require any litigation be brought in another state, even if the policy was issued in Louisiana covering losses occurring in Louisiana.
A recent federal court decision has significant ramifications for the validity of oral change orders and the enforceability of no-damages-for-delay clauses in construction contracts. In Alonso v. Westcoast Corp. (5th Cir. April 8, 2019), the U.S. Fifth Circuit addressed several areas of Louisiana construction law that directly impact how contractors prepare their contracts and administer their projects.
July 24-27, 2019
The preference to hire independent contractors instead of employees has become more common in many industries, as the line that divides employees and independent contractors has continued to blur. In a suit brought under the Fair Labor Standards Act (FLSA), the U.S. Fifth Circuit recently provided guidance on the distinction between “employee” and “independent contractor” by underscoring the importance of the workers’ economic independence.