During the 2010 Regular Legislative Session, Senate Bill 218 was passed by the Louisiana Legislature in an effort to provide for the escrow of funds due under certain contracts between owners and contractors; to provide for the duties of an escrow agent; to provide for the release of funds from escrow; to provide for a [...]
A recent Louisiana Court of Appeal decision emphasized the significance of expert testimony in design professional liability cases, with an almost bizarre twist. In that case, City of Alexandria v. Ratcliff Construction Company, LLC, No. CA 11-1200, 2/8/2012, the Court of Appeal held the claims by a project owner, the City of Alexandria, against the [...]
New Anti-indemnity Act for Design Professionals and Contractors in Louisiana: LA. R.S. 9:2780.1 During the 2010 Regular Session, Senate Bill No. 625 by Senator Martiny (R, Dist.10) and Representative Ligi (R, Dist. 79), was passed by the Louisiana State Legislature. Senate Bill No. 625 was signed by Governor Jindal on June 23, 2010, and became [...]
The title is optimistic, however, there is a growing trend in the law whereby a nonsignatory to an arbitration agreement may compel arbitration or be bound to arbitrate pursuant to the agreement under certain circumstances. The trend is based on the heavy presumption in favor of arbitration under Louisiana and Federal law. A nonsignatory may [...]
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