Adrian D’Arcy

School Board Must Pay Retainage Regardless Of Liquidated Damages Claim. And, Soon Public Entities May Have to Pay Interest On The Retainage Too!

Louisiana Fourth Circuit Court of Appeals (“Court”) held that a public entity, the Orleans Parish School Board (“School Board”), had to promptly make the final payment of retainage to a Public Works contractor, Woodrow Wilson Construction, LLC (“Woodrow”), despite the fact that the School Board claimed it had a right to withhold liquidated damages from Woodrow per their contract (“Contract”). [Read More…]

Houston, We Have a Problem: Could Legal Codes, Land Use Regulations, and Zoning Requirements Blunted Harvey’s Devastation?

Hurricane Harvey dumped more than twenty-seven trillion gallons of rain over Texas and Louisiana in six days. As of October 13, 2017, at least eighty-eight fatalities had been confirmed, most of which were drownings. Many locations in the Houston metropolitan area observed between thirty and fifty inches of precipitation; more than Houston usually receives in a year. [Read More…]

AIA’s Latest Green Building Document: E204-2017 – Sustainable Projects Exhibit

This spring, the AIA unveiled the latest updates to its core set of documents and added the E204-2017 as an exhibit that can be used on any project and added to most AIA contracts to address the risks and responsibilities associated with sustainable design and construction services. Proponents/authors of the exhibit argue that it can add “big value to your project on five unique ways. Also, another commentator calls the E204-2017 a “game changer.” So does the E204-2017 live up to the hype? [Read More…]