Malpractice claims filed in Louisiana courts against professional engineers are governed by specific state laws and professional statutes.

1. Malpractice claims filed in Louisiana courts against professional engineers are governed
by specific state laws and professional statutes. Lugenbuhl’s professional liability
defense team suggests that all parties involved in an engineering malpractice claim
become familiar with these rules, which determine the types of claims allowed, legal
damages, defense and resolution.
ENGINEERING MALPRACTICE CLAIMS
New Orleans:
601PoydrasStreet,Suite2775
NewOrleans,LA70130
Phone: (504)568-1990
Fax: (504)310-9195
Website: www.lawla.com
Thecontentofthispresentationdoesnotconstitutelegaladvice.
Houston:
815WalkerStreet,Suite1447
Houston,TX77002
(713)222-1990
(713)222-1996
www.lawla.com
Baton Rouge:
9311BluebonnetBlvd.,SuiteA
BatonRouge,LA70810
(225)291-1990
504)310-9195
www.lawla.com

2. Lugenbuhl shareholder Ashley Belleau, a veteran of engineering malpractice disputes, stresses
the importance of understanding potential issues, especially those affecting the kinds of claims
that can be made against an engineer:
• Breach of contract
• Indemnity
• Negligence
• Misrepresentation
• Fraud
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

3. Breach of contract is one of the more common malpractice claims. Cost overruns, for example,
can be considered breach of contract if the total project cost exceeds the quoted price beyond a
reasonable margin of error.
Indemnity can be defined as protection against loss or damage. Often times, a contract can
include provisions which indemnify the contractor or other parties involved with the project from
any liability arising out of the negligence of the engineer.
With regard to claims of negligence, a key consideration is that Louisiana allows contracts to
hold engineers to higher standards than those typically required. A contract can validly require,
for example, that the engineer is on site at all times to supervise work, even though this exceeds the
normal negligence standard. Engineering companies may be considered negligent if they fail to
have a supervising engineer, or if they negligently certify that a building meets plans and
specifications when it doesn’t. This includes inherently faulty designs.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

4. THE H-B1 WORK VISA PROGRAM
Fraud is defined by state law, in part, as “a misrepresentation or a suppression of the truth
made with the intention either to obtain an unjust advantage for one party or to cause a loss
or inconvenience to the other.” In fact, silence or inaction can result in fraud.
Fraud risk management is governed in Louisiana through LAPELS, the Louisiana
Professional Engineering and Land Surveying Board. Professional engineers are licensed
through LAPELS and state law authorizes LAPELS to take disciplinary action when the board
determines that an engineer commits fraud, criminal activity, or knowingly makes or signs false
statements in connection with the engineering practice. If LAPELS determines those offenses
occurred, the engineer can also face criminal prosecution.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

5. A critical component for claimants seeking to file suit are the time constraints. While there is
no time limit for fraud claims, Louisiana state law provides a five-year window when suing for
alleged malpractice.
Regardless of the circumstances, if the suit is not filed in the proper court within that period,
the right to sue is lost. The clock begins in three ways, whichever comes latest: the mortgage
office’s date of registry for the owner’s acceptance of the work; when the owner occupies or takes
possession of the property; or when the engineer completes the service.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

6. Generally engineers should not be held liable for malpractice if they can show the contractor did
not follow the design. Engineers are also immune if all three of these conditions are met:
• The suit involves damages for personal injury, wrongful death, property damage or the engineer’s acts,
errors and omissions; and
• The services were provided voluntarily without compensation in an emergency like a hurricane,
flood, fire or other catastrophic event; and
• The services were requested by a public safety or building inspection official acting in an official
capacity.
With findings of negligence, Louisiana uses a comparative fault model for determining damages. A
percentage is attributed to each person who contributed to the loss, regardless of whether they’re a
party to the litigation. Under the model, no one can be held liable for more than his or her percentage
of total damages. If the engineer’s design was faulty but there were also faulty materials or faulty
construction, for example, the engineer’s liability is lowered to the assigned percentage of fault.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

7. Many malpractice claims are often decided out of court. Considering the time and expense of
litigation, mediation or arbitration may provide a better alternative for all parties.
Mediation is more informal, negotiations remain private and confidential, and, unless a settlement
is reached, nonbinding. Both parties and the mediator must agree in writing to costs before the
process begins. There are two types of mediator styles — facilitative mediation, in which the
mediator seeks common ground between both parties to foster a resolution, or evaluative
mediation, in which both parties must consent to a resolution, but the mediator can offer his
or her own proposal for resolution.
If mediation fails, arbitration is often conducted according to the Construction Industry
Arbitration Rules of the American Arbitration Association. Arbitration is more formal and
binding for both parties with certain exceptions. Also, if the dispute involves public construction
projects, arbitration cannot prevent the parties from going to court.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
ENGINEERING MALPRACTICE CLAIMS
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130

8. Leading Lugenbuhl’s professional liability defense team,
Ashley Belleau is coauthor of the Louisiana chapter for the
“State-by-State Guide to Architect, Engineer, and Contractor
Licensing.” Her primary areas of practice include professional
liability defense, construction, corporate and commercial law,
estate planning and litigation.
Ashley also mediates and arbitrates business and construction
disputes. She serves as member of the AAA Construction Panel
and the Commercial Panel. Ashley also served as a mediator
for the Louisiana Department of Insurance Hurricane
Mediation Program, administered by the American
Arbitration Association, and mediated over 350 hurricane
wind damage disputes between homeowners and insurance
companies after Hurricane Katrina.
More information about Ashley’s extensive career and
experience can be found here. Visit our website to learn more
about our firm’s expertise and services.
Thecontentofthispresentationdoesnotconstitutelegaladvice.
Phone: (504)568-1990 Address:
Fax: 504)310-9195 601PoydrasStreet,Suite2775
Website: www.lawla.com NewOrleans,LA70130