BONILLA VS. VERGES ROME ARCHITECTS
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The Supreme Court of Louisiana considered whether an architect and contract administrator had duty of care towards an employee of a subcontractor under the terms of a construction contract. The employee, Gustavo Bonilla, had been injured during a demolition job and filed a suit alleging negligence against Verges Rome Architects (VRA) and Morphy Makofsky, Inc. (MMI). VRA had been hired as a consultant for design and contract administration services. The trial court ruled in favor of VRA, but the court of appeal reversed this decision.
Upon review, the Supreme Court of Louisiana found that the contract terms were clear and unambiguous, and did not impose a duty on VRA to oversee, supervise, or maintain the construction site or Mr. Bonilla’s safety. VRA was required to make weekly site visits to ensure work was progressing according to specifications. However, the contract specifically stated that these visits should not be construed as supervision of actual construction. Responsibility for site safety and construction methods was allocated to the contractor.
The Court concluded that VRA could not be held liable for failing to perform duties it was not contractually obligated to undertake. As a result, the Supreme Court reversed the court of appeal's decision and reinstated the trial court's judgment, which granted summary judgment in favor of VRA.
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