The goal of the program is to provide a basic knowledge of the types of insurance and coverages that come into play during construction projects, their interplay with suretyship bonds, and the differences between them. 

Michael S. Blackwell  |  Partner, Riess LeMieux

AREAS OF PRACTICE

Commercial Litigation  |  Construction Law  |  Government Contracts and Surety Law  |  Real Estate  

Michael S. Blackwell has been with the firm since 2019 and was named partner in 2020. Michael represents a variety of clients, ranging from general contractors, subcontractors, owners, developers, insurers, and sureties in construction and labor issues, to companies involved in sales, acquisitions, corporate governance matters, commercial disputes, and other challenges arising in the commercial arena. He has engaged in significant contract negotiation, corporate formation, structuring, and governance matters, sales and acquisitions of assets and ownership interests, contract negotiation and drafting, construction disputes involving delays, terminations for default, payment, asset seizure, fraud, labor and employment issues, and a variety of other disputes that arise during construction. Michael regularly lectures on matters affecting construction clients, engineers on ethics and liability, and construction managers and public entities on changes in Louisiana construction law.

Among other acknowledgments, Michael has been recognized by Best Lawyers in America and Super Lawyers. Michael has served as the Chairman of the Construction Law Committee for the New Orleans Bar Association since 2017. Every year since 2016, Michael has been selected as a “Rising Star” in the field of Construction Litigation by Super Lawyers publication.

REPRESENTATIVE MATTERS

• Represented general contractor in successfully negotiating a workout agreement between client and client’s surety to protect client assets and continue operations while preventing financial institutions from defaulting client under loan agreements.
• Represented regional general contractor in defending against 180-person collective action lawsuit filed under Fair Labor Standards Act.
• Represented subcontractor in successful dismissal of formal complaints filed by former employees with Equal Employment Opportunity Commission for employment discrimination and Occupational Safety and Health Administration for whistleblower protection.
• Represented regional general contractor before Louisiana Fourth Circuit and obtained reversal of summary judgment in favor of material supplier under a Louisiana Private Works Act lien in res nova decision.
• Represented general contractor before Louisiana First Circuit and obtained decision holding no-damages-for-delay provision in every state contract issued by Division of Administration, Office of Facility Planning a violation of La. R.S. 38:2216(H).
• Represented regional general contractor in successful reversal of trial court removal of Louisiana Private Works Act lien on large-scale mixed-use development.
• Represented subcontractor in successfully obtaining dismissal of claims by general contractor as preempted under La. R.S. 9:2772.
• Represented general contractor in successfully obtaining summary judgment against masonry subcontractor and subsequent seizure of assets to satisfy judgment.

SEMINARS

• Co-Presenter, New Orleans Bar Association CLE Webinar, July 2021
• Current Issues in Louisiana Construction Law, CMAA Gulf Coast Chapter (July 2018)
• AIA Contract Document Workshop, HalfMoon Education, Inc. (April 2018)
• Construction Law: Advanced Issues and Answers, National Business Institute (March 2018)
• Construction Defect Litigation: From A to Z, National Business Institute (December 2017)
• Recent Developments in Construction Law, CMAA Gulf Coast Chapter (July 2017)
• The Potential Price of Ethics and Liability, Gulf States Engineering Conference (June 2017)
• The Potential Price of Ethics and Liability, Louisiana Engineering Society – New Orleans (March 2017)
• Troubleshooting Construction Project Legal Issues, National Business Institute (December 2016)
• The Potential Price of Ethics and Liability, Louisiana Civil Engineering Conference (September 2016)
• Construction Law: What’s New? CMAA Gulf Coast Chapter (May 2016)
• Construction Law: What do You do When . . . ? National Business Institute (December 2015)
• Construction Law, BuildNOLA Small Business Program, City of New Orleans (November 2015)
• Construction Law in Louisiana, U.S. Department of Transportation Bonding Education (April 2015)

Jonathan S. Forester  |  Partner, Riess LeMieux

AREAS OF PRACTICE

Construction Litigation  |   Commercial Litigation  |  General Civil Litigation  |  Insurance Coverage and Defense  |   Class Actions  |   Bankruptcy  |   Employment Law

Jonathan S. Forester is a partner with the firm.  Mr. Forester represents contractors, owners, insurers, self-insureds and subcontractors in complex property damage and injury claims. Mr. Forester has represented clients in claims relating to commercial buildings, highways, bridges, theaters, airports and various other construction sites relating to contractual breaches, delay and disruption damages and construction defects including moisture intrusion, roof damage, structural defects, construction vibration damage, and fire or explosions. He represents and advises construction-related entities and other businesses through contract negotiation and drafting, as well as the filing of liens and recovery of funds owed pursuant to the Louisiana Private and Public Works Acts and federal Miller Act. Mr. Forester is adept in the trial courtroom and also argues appeals.  He regularly gives seminars regarding all facets of construction law. In addition, he has served on the Federal Bar Association’s Younger Lawyers Division Board of Directors since 2016.

Among other acknowledgments, Jonathan has been recognized by New Orleans Top Lawyers, Best Lawyers in America, and Super Lawyers. Forester has been selected for six years (2014, 2015, 2017 , 2018, 2019, 2020, and 2021) as a “Rising Star” in the field of Construction Litigation by Super Lawyers publication and was a finalist for the Louisiana Association of Defense Counsel’s 2017 Maraist Award.

RECENT PRESENTATIONS

• Presenter, 2020 Annual Construction Industry Webinar: Dealing with Risk and Uncertainty, Client Presentation, September 2020
• Presenter, Indemnity, Change Orders, and More: Top Construction Legal Issues and Answers Webinar, Client Presentation, Co-presented with the National Business Institute, June 2020
• Presenter, Construction Insurance: Defective Work Claims and Construction Property Damage – Covered or Excluded, Client Presentation, May 2019
• Presenter, How to Contract Commercial Jobs Both Upstream and Downstream, Client Presentation, May 2019
• Presenter, Lessons Learned: Shop Drawings and Construction Administration, Client Presentation, March 2019
• Presenter, Protecting Your Money: Contract Provision Primer, Construction Financial Management Association Seminar, March 2019
• Presenter, Protecting Against Construction Risk in Private and Public Contracting, Client Presentation, March 2018
• Presenter, How to Keep your Foot out of your Mouth: The Do’s and Don’t of Deposition Testimony, Associated Builders and Contractors, January 2019
• Presenter,Roles of Owners, Contractors, and Architects, Client Presentation, July 2018
• Presenter, Defense and Indemnity in Construction: Protect Yourself From Financial Risk

See all of Riess LeMieux’s public resources available here.

REPRESENTATIVE MATTERS

• Obtained lowest and nominal settlement figure of 20+ defendants for defendant contractor against claims by 75+ plaintiff homeowners alleging vibration and dewatering damage related to large drainage project in New Orleans.
• Successfully argued at Louisiana Fourth Circuit Court of Appeal obtaining insurance defense and coverage for client contractor in significant personal injury electrocution case.
• Obtained favorable ruling with regard to DBE hearings before New Orleans airport board regarding DBE contractor.
• Obtained Judgment requiring defense and indemnity in favor of a general contractor and against a subcontractor’s Commercial General Liability insurer.
• Successfully argued prescription at Louisiana First Circuit Court of Appeal on behalf of dirtwork client contractor regarding catastrophic settlement of newly constructed building.
• Obtained dismissal of indemnity claims for general contractor relating to significant damages to upscale condominium renovation project.
• Defended commercial contractor in significant building envelope moisture intrusion and mold claim arbitration involving commercial building with property damage claims in excess of $12 million.
• Obtained favorable settlement for specialty masonry restoration subcontractor in litigation against upstream Contractors and federal government on a federal pump-station project.
• Represented subcontractor on a federal project asserting and defending multi-million dollar change order and additional work claims.
• Represented numerous contractors related to alleged ultra-hazardous pile driving claims and involving historic structures.
• Represented contractors on highway construction projects relating to vibration claims and vehicular accidents.
• Successfully negotiated contracts involving all forms of construction delivery methods for developers, general contractors and subcontractors.