Wes is a litigator whose primary practice involves representing parties in construction disputes, including primarily architects, engineers, and surveyors, but also owners contractors, subcontractors and other parties to construction projects.  

Wes also has experience representing plaintiffs and defendants in other commercial and corporate litigation in federal and state courts, as well as in federal multidistrict litigation and arbitrations before the American Arbitration Association, JAMS, and the Financial Industry Regulatory Authority (FINRA). He routinely serves as lead trial counsel and as local counsel for regional, national and multinational clients.

Wes’ clients range from small and mid-size, family owned and privately held businesses, as well as large publicly trade corporations. He also has experience representing insurance companies, financial advisors, state and regulatory agencies, preferred provider organizations, and creditors in debt collection matters. 

Wes has successfully litigated a broad range of disputes, including cases involving architectural and engineering design issues, construction defects, disputed change orders, acceleration, productivity, and delay issues, manufacturer liability, and other construction-related issues.  Wes also has experience litigating cases in professional liability, insurance defense, breaches of contract, leases, debt collection, and other business and commercial issues. He also counsels clients before litigation arises with risk management solutions to avoid or minimize impacts, both in front-end contracting and when disputes initially start to bubble up.  

He also has a notable appellate experience, having successfully represented clients before the Louisiana Courts of Appeal, the Louisiana Supreme Court, and the United States Court of Appeals for the Fifth Circuit.

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‍Experience

• Defended an industrial plant owner in protracted litigation concerning the construction of an Air Quality Control System, including disputed change orders, contractor acceleration, productivity issues, and delay issues. Obtained a writ of certiorari from the Louisiana Supreme Court to overturn an erroneous procedural ruling by an appellate court on the issue of lis pendens, stemming from multiple lawsuits pending in separate districts regarding the same dispute. Saulsbury Industries, Inc. v. Cabot Corporation, 22-01162 (La. 11/1/22), 348 So.3d 1267.

• Defended a civil engineer who provided roadway design services on a project that later ended up in a dispute between the contractor, the municipal owner and the CE&I engineer regarding delays encountered during construction. Briefed and argued before the Court of Appeal, First Circuit, leading to a seminal opinion regarding the application of the peremptive period that applies to design engineers when no construction phase services are provided.Conti Enterprises, Inc. v. Providence/GSE Associates, LLC, 22-1249 (La. App. 1 Cir. 10/30/23), 377 So.3d 715.

• Defended an architect in a dispute with the owner regarding the design and construction of an apartment complex in Lafayette. Prepared the case through every stage of fact and expert discovery and, motions, and trial preparation, until the United States District Court, Western District of Louisiana granted the architect’s motion in limine and related motion for summary judgment, dismissing all of the plaintiff’s claims. Won a resounding affirmation of the District Court’s ruling from the United States Court of Appeals, Fifth Circuit.Stewart v. Gruber, 2023 WL 8643633 (5 Cir. 12/13/23) (unpub.)

• Defended mechanical, electrical and plumbing (MEP) engineer from the pleading stage through jury verdict in federal court in a case involving claims by both a general contractor and the owner in a hotel renovation project in New Orleans. Won a judgment within the insured’s defense-within-limits professional liability policy despite demands by owner and contractor that far exceeded the policy’s limits. Team Contractors, L.L.C. v. Waypoint NOLA, L.L.C. et al, United States District Court, E.D. Louisiana, 2:16-CV-01131.

• Represented an architectural joint venture that intervened as a defendant in injunction and mandamus proceedings instituted by a general contractor against a fire district on a public works project. After winning at the trial court level, successfully opposed the terminated contractor’s appeal of a ruling denying mandamus and associated procedural rulings, including issues related to the disputed legal/policy issue regarding whether and under what circumstances a public entity may withhold payments from a general contractor under Louisiana public bid law. Stevens Construction & Design, LLC v. St. Tammany Parish F.D. No.1, 18-1759 (La.App. 1 Cir. 7/8/20); 308 So.3d 724.

• Defended an architectural firm’s design and construction administration services on a school project near Alexandria, Louisiana, from the pleading stage through discovery and pre-trial practice. After winning motions to dismiss significant claims at the trial court and appellate levels on the issue of peremption, resolved the case favorably for the architect before trial. Rapides Parish Sch. Bd. v. Zurich American Ins., et al, 19-312 (La.App. 3 Cir. 8/21/19); 279 So.3d 981, writ denied, 282 So.3d 231 (La. 11/12/19).

• Defended an architectural joint venture in a lawsuit arising out of the Baton Rouge Downtown River Center Branch Library dispute over responsibility for a widely publicized structural failure that occurred during construction. Represented the JV from the pleading stage through discovery and pre-trial practice, and ultimately resolution. City of Baton Rouge/Parish of East Baton Rouge v. WHLC Architecture – Schwartz/Silver, A Joint Venture, et al, No. 676,851, Section 23, 19^th Judicial District Court, Parish of East Baton Rouge, State of Louisiana.

• Represented Kenneth R. Feinberg in the multidistrict litigation arising out of the BP oil spill in the Gulf of Mexico and won dismissal of untimely and unmeritorious claims on Rule 12(b)(6) motions to dismiss. In Re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mexico, on 4/20/10, 2020 WL 3606261 (E.D. La. 7/2/20).

• Represented a financial advisor in federal court in injunction and damages proceedings initiated by his former employer, from the initial pleading stage through two evidentiary hearings in FINRA arbitration. Hancock Whitney Corporation v. Bourgeois, United States District Court, M.D. Louisiana, 3:20-cv-0028.

• Represented a condominium owner’s association as a plaintiff in federal court against the developer and related entities responsible for construction defects. Defeated the defendants’ motions to dismiss the claims and, after prosecuting the claims through fact discovery, achieved a very favorable resolution for the association. The Quarters at Dutchtown Condominium Owner’s Association, Inc. v. Sandlin, et al, United States District Court, M.D. Louisiana, 16-cv-848.

• Represented a preferred provider organization (PPO) in collection proceedings against delinquent debtors.

‍Practice Areas

• Debt Collection
• Commercial and Corporate Litigation
• Louisiana Condominium Law
• Design & Construction
• Insurance Defense
• Financial Services / Financial Industry Regulatory Authority (FINRA)
• Professional Liability
• Procurement and Administrative Law

‍Bar Admissions

• Louisiana

‍Court Admissions

• US Court of Appeals for the Fifth Circuit
• US District Court for the Eastern District of Louisiana
• US District Court for the Middle District of Louisiana
• US District Court for the Western District of Louisiana
• All Louisiana State Courts

‍Professional Engagement/Memberships

• Federal Bar Association, Baton Rouge Chapter
• Louisiana State Bar Association
• Baton Rouge Bar Association, Construction Law Section

‍Community Service

• Baton Rouge Pro Bono Project

‍Education

• Southern University Law Center, Baton Rouge, Louisiana
  
  • J.D.
• Louisiana State University, Baton Rouge, Louisiana
  
  • B.S.
    
  • Major: Political Science and History