Bonilla v. Verges Rome Architects, 2024 WL 1229219, 2023-00928 (La. 3/22/24) Authors: Christopher K. LeMieux and Trey Talley LASC rules that design professionals do not necessarily owe an all-encompassing safety duty on projects. The Louisiana Supreme Court recently held that design professionals on a construction project do not owe an all-encompassing duty to protect everyone from every risk which could [...]

Authors: Christopher K. LeMieux and Hannah Marler A Cautionary Tale: CGL Exclusion for Wrap Up Projects Leaves Subcontractor Who Fails to Properly Enroll in CCIP without Insurance Coverage.  A recent Fourth Circuit decision is a stark reminder about conflicts in coverage and a reason to ensure that insurance enrollment is properly handled. In Soule v. Woodward Design + Build, LLC [...]

Calvin J. Hill, Individually and as the Executor of the Succession of Elnora Johnson Hill v. TMR Exploration, Inc., Park Exploration, Inc., and Vitol Resources, Inc. 2022-0744 (La. App. 1 Cir. 12/19/2023) 2023 WL 8742973: Under La. R.S. 9:2773, Contractors Are Only Sureties to the “Proprietor” Regarding Pile-Driving Claims. Authors: Christopher K. LeMieux and Thomas W. Taylor Hill v. TMR [...]

Riess LeMieux is pleased to announce the recognition of six attorneys in the 2024 Louisiana Super Lawyers publication. Super Lawyers releases an annual list of top attorneys across a number of practice areas. The selections are based on independent research and peer reviews.  Michael R. C. Riess, Christopher K. LeMieux, Jonathan S. Forester and Michael S. Blackwell have all been [...]

City of Ruston v. Womack Son Constr. Grp., 55,328 (La. App. 2 Cir. 11/15/23), 2023 WL 7570765: Breadth of Change Order Release Waives Owner’s Later Claims against General Contractor Authors: Jonathan S. Forester and Jace M. Weber City of Ruston is the most recent example of why it remains important to read and consider the breadth of language in not [...]

First Circuit Upholds Five-Year Peremptive Period for Construction-Related Claims under Two Separate Statutes Authors: Christopher K. LeMieux and Mary Claire Kramer Two recent First Circuit cases examine the five-year preemptive period applicable to design professionals and contractors in the context of two different statutes, namely La R.S. 9:2772 and La. R.S. 9:5607. In Conti Enterprises, Inc. v. Providence/.GSE Associates, LLC, [...]

Mark Shaw, et al v. Alpha Air Heating & Air Conditioning, LLC, et al: Pitfalls of Improper Classification and Overtime Authors: Michael S. Blackwell and Michelle Riviere In Mark Shaw, et al v. Alpha Air Heating & Air Conditioning, LLC, et al, Mark Shaw and Daniel Oquendo (“Plaintiffs”) were hired by Alpha Air Heating & Air Conditioning, LLC, and its [...]

Mancuso v. Starr Surplus Lines Insurance Co. – Courts Continue to Invalidate Mandatory Forum Selection Clauses in Insurance Policies using La. R.S. 9:2778 Authors Jonathan S. Forester and Robyn Elliot In the recent case decision between the Calcasieu Parish Sheriff and Tax Collector (CPSO) and Starr Surplus Lines Insurance Company, the Western District of Louisiana delivered a crucial ruling challenging [...]