False Claims to the Government: What They Are and How to Avoid Them

Catherine Maraist | Breazeale Sachse & Wilson LLP | April 11, 2018 Louisiana and the Gulf Coast Region are set to receive hundreds of millions of dollars in federal money earmarked for transportation and other construction projects. However, the significant influx of federal spending brings with it the significant risk of fraud, waste, and abuse.… Continue reading False Claims to the Government: What They Are and How to Avoid Them

Negligence Against a Construction Manager-Agent

David Adelstein | Florida Construction Legal Updates | March 9, 2018 Can a construction manager-agent / owner’s representative hired directly by the owner be liable to the general contractor in negligence?  An argument likely posited by many general contractors on projects gone awry where there is a separate construction manager.  Well, here is an interesting case out of… Continue reading Negligence Against a Construction Manager-Agent

Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period

Phelps Dunbar LLP | January 30, 2018 A Louisiana court of appeal affirmed a grant of summary judgment in favor of an insurer where the alleged damage did not manifest during the policy periods. Crosstex Energy Servs., LP v. Texas Brine Co., LLC, 2017-0863 (La. App. 1 Cir. 12/21/17). The insured, operator of an underground salt… Continue reading Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period

Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense

Mark W. Frilot, Mark W. Mercante | Baker Donelson | January 25, 2018 The Louisiana First Circuit recently held that a Private Works Act payment bond surety cannot raise a pay-if-paid provision in its principal’s contract as a defense to a claim against the bond. Bear Industries, Inc. v. Hanover Insurance Co. involved the construction of… Continue reading Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense

No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity

R. Zachary Torres-Fowler | Pepper Hamilton LLP | January 18, 2018 Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to grant the appellee’s, Jacobs Project Management Co./CRSS… Continue reading No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity