Kathryn Laflin discusses the Texas Supreme Court's recent decision that a subsequent purchaser of a home was required to arbitrate her claims against the builder for alleged construction defects. Read the full blog post here.
No damage for delay clauses seek to protect owners from any monetary damages resulting from delays on a project. These clauses are common in Texas construction contracts. A no-damage-for-delay provision can limit a general contractor's ability to […]
A number of new laws were passed in Texas this past legislative session that impact the construction industry, including changes to the mechanic’s lien laws and the statute allowing for the recovery of attorney’s fees in certain civil cases […]
This post summarizes some of the key changes affecting general contractors and subcontractors on commercial projects. The amendments govern all construction projects where the prime contract (the contract between the owner and general contractor […]
Under the old version of 38.001, the recovery of attorney’s fees was permitted “from an individual or corporation.” Courts interpreting this provision overwhelmingly concluded that it did not support recovery of attorney’s fees […]
A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]
In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract. Even where the […]
Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.” Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of […]
Chapter 95 of the Texas Civil Practice and Remedies Code provides premises owners protection from liability for negligence claims made by independent contractors performing work on the premises when certain conditions are met. Last month, the Texas Supreme […]
I begin with the assumption that the parties in any complex case wish to avoid trial and resolve their disputes wherever possible. It is my experience that most parties are not in the business of litigation and find it undesirable and costly. […]
A recent case before the Fifth Circuit Court of Appeals1 determined that a “Project Completion Incentive” applying to employees on a construction project (the “Plan”) was not governed by the Employee Retirement Income Security […]
This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity […]