February 28, 2025
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2025 PLATINUM ANNUAL SPONSORS
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Tour of Duty...to Defend
How many of you remember the late ‘80s TV show Tour of Duty? If you don’t, it was a drama series based on the Vietnam War—a show that a 5-year-old like me probably shouldn’t have been watching. That said, my dad didn’t care, and the two of us watched it religiously until it went off the air in 1990.
Like the show and the story it portrays, ACEC Louisiana has reached a bit of a stalemate in its efforts to have public agencies and owners remove the duty to defend clause from their standard contracts.
For the last year, ACECL has been working to eliminate what we argue is an illegal and unenforceable clause under the Louisiana Anti-Indemnification Act. Despite our advocacy and discussions with member firms and their legal counsel, the results have been mixed. Many firms have attempted to negotiate contract modifications to remove or amend the clause to align with legal standards, only to be met with resistance. Most public owners have simply refused to alter the language, forcing firms into a difficult decision: decline the project altogether or accept an unfair liability risk that their Professional Liability insurance will not cover before negligence or fault is determined.
This creates a significant problem for engineering firms. If a public owner enforces the duty to defend clause, firms can be required to cover all legal fees associated with a defense—regardless of whether the claim has merit. This places an undue burden on design professionals, exposing them to potentially catastrophic financial consequences for claims beyond their control.
ACEC Louisiana remains committed to fighting for fair and equitable contract terms for engineering firms across the state. Our advocacy efforts continue, and we urge public agencies to reconsider the inclusion of these clauses in their contracts. The goal is clear: to ensure a legal and just contracting environment that protects both public interests and the professionals who serve them.
The battle is far from over, but with continued efforts and industry support, we remain hopeful that change will come. If your firm has faced challenges with the duty to defend clause, we encourage you to join us in this fight. Please email me directly at bdirmann@acecl.org if your firm is experiencing similar frustrations. Together, we can push for fair and enforceable contract terms that reflect the true intent of Louisiana law.
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The Board of Governors will meet on Wednesday, March 19, 2025 in Baton Rouge.
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REGISTRATION OPENING SOON FOR ATTENDEES!!!
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Kurt Evans is ENR Texas & Louisiana's 2025 Legacy Award Winner
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At our Business Forum on April 10, we are adding an ACECL issues committee break out session where attendees will have the opportunity to attend a committee meeting of their choice. We are currently planning to highlight the Transportation, Legislative and Facilities Committees. We will have guest speakers present to members on pertinent topics/issues of interest to each committee. With the legislative session starting the following week, there is a good chance topics and discussion will be related to the session. If you haven't already signed up for a committee you can do so by clicking on the button below. Individual registration for the Business Forum will be released next week so be on the lookout.
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The American Council of Engineering Companies (ACEC) of Louisiana and the American Institute of Architects (AIA) Louisiana are pleased to offer an Emerging Leaders Institute series, a leadership and career development program for individuals committed to developing both their professional and personal leadership abilities.
INVEST IN THE FUTURE
Over the years, the consulting design industry has prospered as a result of strong leadership. To ensure an equally successful future, our future leaders must be encouraged to become involved in industry and association activities. Therefore, ACEC of Louisiana and AIA-Louisiana have created an Emerging Leaders Institute exclusively for aspiring professionals within its member organizations. The value of this program provides participants the opportunity to build relationships with their peers in the profession, focus on key factors influencing leadership effectiveness and development, gain insight into various aspects of successful project management and sharpen communications skills.
ELIGIBILITY
The Emerging Leaders Institute is targeted to rising industry professionals who are committed to developing their leadership and management skills and abilities and have been identified by their firm as a “future leader” of the design industry.
ABOUT THE PROGRAM
Beginning in April, and continuing through the fall, the Emerging Leaders Institute will be comprised of four (4) sessions to be held in the Baton Rouge area. For the program to provide maximum benefits, participants are highly encouraged to commit and attend ALL sessions. Participants are eligible to earn no fewer than 22 AIA HSW/PDHs/LUs with full participation. Certificates to be awarded.
PARTICIPATION
To participate in the Emerging Leaders Institute, an individual must complete the application and submit it along with the registration fee ($1,250.00 - Early Bird deadline of March 25, 2025, or $1,450.00 - Registration deadline of April 25, 2024). The number of participants is limited to 20 and applications will be accepted on a first come, first served basis. The registration fee covers all meeting materials, team building events, lunches, and complimentary registration to ACECL’s Fall Conference (November 2025) or AIA Louisiana’s Conference on Architecture (September 2025).
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Gulf South Technology Solutions is the single IT solution for businesses of all sizes. Since 2005, we have helped businesses focus on what they’re good at, while we do the same. We are a team of extremely responsive, highly trained, IT professionals. Our team fixates on network uptime, keeping data secure, and helping our clients make intelligent technology decisions that benefit their business. GSTS consistently delivers predictable business outcomes and high ROI. While our business is serious, we have adopted a “work hard, play hard” company culture and mentality. The GSTS corporate office boasts the ideal work environment for our employees and the right atmosphere to better serve our clients. It features a state-of-the-art conference room, with an 84-inch, 4K touchscreen television; gaming lounges; a golf simulator; and a café that hosts monthly lunches for our team. Contact: Kelsie Moak
kmoak@gulfsouthtech.com
Phone (225) 216-2169
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ACEC's Trust Programs are designed to enhance your membership investment by helping to control your firm's costs. Programs are available for business insurance, life/health insurance, and retirement plans. The ACEC Trusts have created partnerships with reputable administrators and plan providers that offer valuable services with quality and competitive prices. In addition to providing business savings, these programs make for an attractive employee retention program in which individual employees benefit from your ACEC purchasing power.
For an engineering firm to take advantage of these excellent business opportunities, you must become a member. ACEC membership is available through one of the 51 state and regional Member Organizations.
Visit: https://www.acec.org/trust/
John Krebsbach | National Director of Business Development ACEC Life/Health Trust 9950 Woodloch Forest Drive, Suite 1550, The Woodlands, Texas 77382 Phone: (320) 703-4048 | Cell: (320) 267-9910 | Email: john.krebsbach@aceclht.com
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ACEC Business Insurance Trust
ACEC Life/Health Insurance Trust
Advanced Drainage Systems, Inc.
BAR Environmental, Inc.
BFM Corporation, LLC
Breazeale, Sachse & Wilson, LLP
Brown & Brown of Louisiana
Cadence Insurance
CxA Services, Inc.
Deutsch Kerrigan, LLP
ELOS Environmental, LLC
Environmental Technical Sales, Inc.
Foley & Judell, LLP
Galloway Johnson Tompkins Burr & Smith, LLP
Gulf South Technology Solutions
Hannis T. Bourgeois, LLP
Headlight
Keogh, Cox & Wilson
Lord and Winter, LLC
Quality Sitework Materials, Inc.
Tensar Corporation
Turner Insurance & Financial Services
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MARCH 2025
04 - Mardi Gras Holiday - Office Closed
13 - New Orleans Chapter Luncheon
14 - ACECL HR Forum Meeting
17 - 19 - La Transportation Conference, Baton Rouge
19 - ACECL Board Meeting
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Barker Dirmann
President & CEO
ACEC of Louisiana
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