Stu Richeson | The Dispute Resolver In Bonilla v. Verges Rome Architects, 2023-00928 (La. 3/22/24); 382 So.3d 62, the Louisiana Supreme Court held because the terms of the agreement between the architect and the public owner did not give the architect responsibility for the means and methods of construction or for safety on the project, the… Continue reading Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project
Month: August 2024
Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Patrick Lindley | Butler Weihmuller Katz Craig Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana. Article 3492 provides that “[d]elictual actions are subject to… Continue reading Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Cross-Examination of Expert Witnesses
Dan Small | Holland & Knight Cross-examining an expert witness can be a dangerous undertaking. By definition, the person you are examining knows a great deal more about this subject than you probably do. Plus, they are likely to be an experienced and clever witness, being highly paid to do you harm. There are landmines… Continue reading Cross-Examination of Expert Witnesses
Owners Should Exercise Caution When Waiving Consequential Damages Against Architects
Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt AIA forms of agreements between owners and architects contain mutual waivers of consequential damages which, in the context of such agreements, invariably involve lost profits. Where manuscript forms are provided by an owner, and do not contain such… Continue reading Owners Should Exercise Caution When Waiving Consequential Damages Against Architects