Professional Liability Defense - Bonilla v. Verges Rome Architects – APLC, et al., 2023-C-928 (La. 3/22/24)

On March 22, 2024, the Louisiana Supreme Court issued an important decision regarding the legal duty owed to third parties by design professionals on construction projects. In Bonilla v. Verges Rome Architects – APLC, et al., 2023-C-928 (La. 3/22/24), the Supreme Court unanimously reversed the Louisiana Fourth Circuit's decision and reinstated the judgment by the District Court that granted summary judgment and dismissed the personal injury claims alleged by a subcontractor’s employee against an architect on a construction project. Deutsch Kerrigan attorneys, Kelly Theard, Raymond Lewis, and Juan Miranda, represented the architect and engineer in this lawsuit. This decision followed the Louisiana Supreme Court's prior findings and reaffirms the longstanding principle that the duties owed by an engineer or architect to a subcontractor’s employee is determined by the express provisions of the contract(s) applicable to the construction project. The applicable contracts unequivocally required that the contractor alone was responsible for site safety and the means and methods of the project. To read the opinion, click here.