Wray & Pierce, L.L.P.
Attorneys in Baton Rouge, Louisiana

Wray & Pierce, L.L.P.

Attorneys >> Russel W. Wray

Russel W. Wray  

Russel W. Wray
Member
Email: russwray@wraylaw.com

Practice Areas: Construction Law; Public Contract Law; Negligence Law; Civil Litigation.

Admitted: 1984, Louisiana; U.S. Supreme Court; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Claims; U.S. District Court, Eastern, Western and Middle Districts of Louisiana; U.S. District Court, Northern District of Texas and U.S. District Court, Western District of Oklahoma

Law School: Louisiana State University and A. and M. College, J.D., 1984.

College: University of Texas, B.A., 1981.

Born: Baton Rouge, Louisiana, July 20, 1959.

ISLN: 902615395



In 1981, Russel W. Wray earned a B.A. with honors in Economics from the University of Texas at Austin, and in 1984, a Juris Doctorate from Louisiana State University. Mr. Wray has practiced law in Baton Rouge since 1984, and is currently a partner in Wray & Pierce, L.L.P. He represents general contractors, subcontractors, and owners, as well as LAGC and LAPA, in construction arbitration and litigation. He was Programming Chairman for the Dean Henry George McMahon American Inns of Court Chapter in 1993 and 1994. Mr. Wray has conducted Public Bid Law and Construction Law workshops and seminars for the Louisiana Licensing Board for Contractors, the Consulting Engineers Council of Louisiana, Inc., Louisiana Associated General Contractors, Inc., American Institute of Architects, LSU Law School, and Lorman. In recent years, he has acted as a moderator for the panel discussion program at both the LAGC Summer Conference and the Critical Issues Summit. He often speaks on topics pertinent to the construction industry such as the uniform bid form, illegal immigration and current developments in the public bid law. Mr. Wray has published a number of articles in Action News by Louisiana Associated General Contractors, Inc. on construction topics and was the Louisiana case note editor for Construct! Published by the Construction Litigation Committee of the Section of Litigation of the American Bar Association. Mr. Wray has also been a guest lecturer for the Construction Management Department at LSU, LAGC and other organizations, and is a member of the Construction Industry Advisory Council.


Current Employment Positions:

          Partner


Areas Of Practice:

          Business and Commercial Law

          Contracts

          Litigation and Appeals

          Alternative Dispute Resolution

          Construction Contracts

          Construction Law

          Construction Liens

          Debarment

          Fidelity, Guarantee & Surety

          Mediation

          Professional Malpractice Law

          State & Municipal Contracts

 

Litigation Percentage:

          99% of Practice Devoted to Litigation


Bar Admissions:

          Louisiana, 1984

          U.S. District Court Middle District of Louisiana,  1985

          U.S. District Court Eastern District of Louisiana, 1985

          U.S. District Court Western District of Louisiana, 1985

          U.S. District Court Northern District of Texas, 1989

          U.S. District Court Western District of Oklahoma, 1991

          U.S. Court of Appeals 5th Circuit, 1985

          U.S. Court of Federal Claims, 1990

          U.S. Supreme Court, 1990


Education:

Louisiana State University Law Center, Baton Rouge, Louisiana, 1984

          J.D.

University of Texas, Austin, Texas, 1981

          B.A.

Honors:  With Honors

Major: Economics


Published Works:

“Rejection Of All Bids By Louisiana DOTD When All Bids Are Over The Project Estimate” Louisiana AGC Action News, Summer/Fall 2010

“The Uniform Bid Form” Louisiana AGC Action News, Spring 2010

“Notice Requirement For Materialman Who Are Not Paid By Subcontractor” Co-Authored with Chris P. Pierce, Louisiana AGC Action News, Spring 2009

“The Low Bid Is Not A Moving Target” Louisiana AGC Action News, November/December 2004

“Technical Evidence In Construction Litigation” Constructing Louisiana, Official Publication of The Louisiana Associated General Contractors, Inc., Spring 2004

“Changes In DOTD Claim Modification Specifications” Constructing Louisiana, Official Publication of The Louisiana Associated General Contractors, Inc., Spring 2003

“U.S. Fifth Circuit Court of Appeals Distinguishes Con-Plex v. DOTD To Deny Recovery To A General Contractor Because He Failed To Fully Investigate The Site Before Bidding” Construct!, Winter 2003

"Defending Against The Owner Who Does Not Pay" Constructing Louisiana, Official Publication of The Louisiana Associated General Contractors, Inc., Winter 2002

"Does compliance with Plans And Specifications Relieve The Contractor From Exposure For Hazardous Conditions?" Constructing Louisiana, Official Publication of The Louisiana Associated General Contractors, Inc., Fall 2002

"The Duty To Protect Others From Criminal Activity Of Third Parties" Constructing Louisiana, Official Publication of The Louisiana Associated General Contractors, Inc, Summer 2002

"The Awarding Authority’s Discretion To Determine The Low Bidder Is Alive And Well In Louisiana, Despite Legislative Efforts To Eliminate" Construct!, Spring 2001

"Pavement May Be Selected Without Competitive Bidding Of Equal Alternatives" , Construct!, Spring 2001

"Getting Paid", Louisiana AGC Action News, June 2000

"New Orleans Affirmative Action Program Held Unconstitutional" , Construct!, Spring, 1999

"Take Care in Modifying Construction Industry Form Contracts" , Louisiana AGC Action News, March, 1999

"Waiver of Bid Irregularities is Allowed in Some Parishes, but Not in Others" , Louisiana AGC Action News, February, 1999

"Recent Developments Concerning Affirmative Action Programs" , Louisiana AGC Action News, December, 1998

"Constructive Acceleration", Louisiana AGC Action News, Oct./Nov., 1998

"When Does Owner Caused Delay Entitle the Contractor to Recover Home Office Overhead?", Louisiana AGC Action News, September, 1998


Representative Cases:

Gibson & Associates, Inc. v. State, Department of Transportation and Development, 2011 WL 2670087 (La.App. 1 Cir. 5/18/11)

Teche Electric Supply, L.L.C. v. M.D. Descant, Inc., 2008-171 (La.App. 3 Cir. 12/11/08), 2 So.3d 516

Quality Design and Construction, Inc. v. City of Gonzales, 2006-2211(La.App. 1 Cir. 11/28/07), 977 So.2d 87

Taylor v. Haddox, 42,557 (La.App. 2 Cir. 42,557), 968 So.2d 1200

Case Atlantic Co. v. Blount Brothers Construction, Inc., 42,251 (La.App. 2 Cir. 6/20/07), 960 So.2d 1274

Price v. B&B Transport Services, Inc., 2007 WL 1300932 (La.App. 1 Cir. 5/4/07)

Louisiana Associated General Contractors, Inc. v. Louisiana Department of Agriculture and Forestry, 2005-0131 (La. 2/22/06), 924 So.2d 90

Diamond B Construction Company, Inc. v. Department of Transportation and Development, 0573 (La.App. 1 Cir. 2/14/03), 845 So.2d 429

Diamond B Construction Company, Inc. v. Louisiana Department of Transportation and Development, 2000-1483 (La.App. 1 Cir. 12/22/00), 780 So.2d 439, writ denied, 2000-0246 (La. 4/20/01), 790 So.2d 633

D’Arbonne Construction Co., Inc. v. Union Parish Police Jury, 31-834 (La.App. 2 Cir. 5/5/99), 736 So.2d 781

Diamond B. Construction Co., Inc. v. City of Plaquemine, 673 S.2d 636 (La. 1st Cir. Ct. of App. 1996)

Hartman Enterprises, Inc. v. Ascension - St. James Airport and Transportation Authority, Inc., 582 S.2d 198 (La. 1st Cir. Ct. of App. 1991)

Grace Construction Company v. St. Charles Parish, 467 S.2d 1371 (La. 5th Cir. Ct. of App. 1985)

Mr. Wray frequently files Amicus Curiae briefs with the Louisiana Supreme Court, Louisiana appellate courts, and Louisiana district courts on behalf of Louisiana Associated General Contractors, Inc., but these contributions are not always recognized in published opinions.


Representative Clients:

Boykin Brothers, Inc.

Gilchrist Construction Company

Diamond B. Construction Company, Inc.

Byron E. Talbot Contractor, Inc.

Louisiana Associated General Contractors, Inc.

M.D. Descant, Inc.

Merrick Construction Company


Classes/Seminars Taught:

Civility, Professionalism and Ethics in Action, American Trial Lawyers Association, 1994

Come On Judges, Let's Do Something!, American Bar Association, 1994

Louisiana's Public Bid Law: The Design Professional's Perspective, Consulting Engineers Council of Louisiana, 1996

Engineers Council of Louisiana, 1996

Construction Contracting for Public Entities, Lorman, 1997 - 1998

Contractors in Jeopardy, Louisiana Associated General Contractors, 1998

Construction - Just a Roll of the Dice, Louisiana Associated General Contractors, 1999

Swim with the Sharks!, Louisiana Associated General Contractors, Summer Conference 2000

Louisiana Construction Lien Law, Lorman 2000

Overview of the Louisiana Public Works Act presented at the Louisiana State Bar Association Seminar, The Fundamentals of Construction Law, 2000

Louisiana Construction Issues, Lorman 2001

Panel Discussion of AIA 201, Construction Specifications Institute 2002

Public Works Lien Seminar, 2002

Discretion of the Awarding Authority to Determine the Low Responsive Bidder Under the Public Bid Law, 2004 and 2005

Construction Delay Claim, Lorman 2004 and 2005

Critical Issues Summit co-sponsored by the Louisiana Associated General Contractors, Inc., the American Institute of Architects of Louisiana, and the American Consulting Engineers Council of Louisiana, 2006 - 2011

Immigration and Employment Law Seminars, 2010

Regular speaker at Louisiana Associated General Contractors, Inc. Summer Conference


Professional Associations and Memberships:

Baton Rouge Bar Association

American Bar Association, Construction Litigation Committee of the Section of Litigation, Regional and Circuit Casenote Editor for Louisiana

Dean Henry George McMahon American Inns of Court, 1993 - 1994

Programming Chairman


Past Employment Positions:

Wray & Kracht, L.L.P., Partner, 1995 - 1999

Wray & Kracht, Partner, 1989 - 1995

Wray, Robinson & Kracht, Associate, 1984 - 1989


Birth Information:

1959, Baton Rouge, Louisiana, United States of America

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