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 […]
The past few days have been trying ones for Texans suffering due to the loss of electric power in their homes and business. Already we have received several subrogation assignments arising from claims involving burst water and sprinkler piping.& […]
This is the second post in our series addressing mechanic's liens in Texas on private commercial/non-residential projects. In the last post, we discussed the difference between original contractors and subcontractors. As a reminder, an […]
This is the first in a series of posts addressing mechanic's liens in Texas on private commercial/non-residential projects.1 Texas has a unique mechanic's lien scheme that is far more complex than most states. Parties are required […]
In regard to the COVID-19 vaccines in Texas, the first round of vaccines have been allocated to health centers to begin the vaccination process. This included a total of 224,250 doses for the “Week 1 Allocation.”1 Texas will initially allocate […]
If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately […]
Last month, the Occupational Safety and Health Review Commission provided some needed clarification for construction and manufacturing employers that should make it easier to defend machine guarding cases in the future, particularly where the employee […]
Arbitration is an increasingly popular forum for the resolution of construction disputes. It often provides a more predictable procedural process specially designed for the industry in light of construction-specific rules and mediation procedures […]
In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same […]
This is a follow-up to our prior post summarizing the Certificate of Merit Requirements in Texas. In this post, we explore recent legislative changes to the certificate of merit requirements and the application of such requirements to third-party […]
In order to assert a professional negligence claim in Texas against an architect, professional engineer, registered landscape architect, or registered professional land surveyor, the claimant must file a certificate of merit prepared by an outside expert […]