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Legal - Beware: Limitation of Liability clauses can be enforced

AUSTIN - Construction contracts increasingly contain clauses which seek to limit one party’s potential liability or damages to the other. Such clauses may include express waivers of claims, rights or damages, no damages for delay clauses, waivers of consequential damages, and clauses which limit or cap a party’s available legal claims or potential monetary damages. While these clauses may seem unfair, particularly if the clause is being use...

Created by : contributorcn
02/26/2018 12:00:00 | Viewed: 0

Legal - Four common construction law misconceptions

AUSTIN - Throughout two decades of law practice, I have heard a number of recurring legal misconceptions from clients. Four of the more common construction law misconceptions include:...

Created by : lvelasquezcn
01/29/2018 12:03:00 | Viewed: 0

Legal - Helping your lawyer help you in 2018

AUSTIN - As we begin a new year, I want to get you thinking about making the most out of your attorney relationship. Consider these thoughts throughout the year as you work with your attorneys....

Created by : cwiatrekcn
12/28/2017 12:00:00 | Viewed: 0

Legal - Texas Supreme Court clarifies standard for suits against design professionals

SAN ANTONIO - The Texas Supreme Court recently considered two cases seeking to clarify the meaning of and standards in Tex. Civ. Prac. Rem. Code Ch. 150, which requires suits against design professionals to be supported by a sworn affidavit known as a Certificate of Merit (“COM”). When the plaintiff’s claims arise from the defendant’s provision of professional services, a COM must be furnished by a similarly licensed third-party expert wh...

Created by : cwiatrekcn
11/22/2017 12:00:00 | Viewed: 0

Legal - Taking cover after the storm

AUSTIN - This hurricane season is on track to be one of the most active seasons of record. Hurricane Harvey hit a vast portion of the Texas coast and affected numerous construction projects. A hurricane of this magnitude results in delays and added costs to projects. As projects get back on track after Harvey, contractors should re-review their contracts to ensure compliance with all notice and documentation requirements, if there is a time an...

Created by : kestescn
10/30/2017 11:00:00 | Viewed: 0

Legal - Review of 85th Legislature on the construction industry

HOUSTON - The Texas Senate and the House of Representatives (the “Legislature”) meets every two years. The Legislature convenes on the second Tuesday in January of every odd numbered year. The session ends 140 nights later. The Legislature is required to pass a state budget for the next biennium....

Created by : tericksoncn
09/28/2017 11:00:00 | Viewed: 0

Legal - The Economic Loss Rule and construction defect litigation Part 3: Blurred lines, uncertainty, and recent legal developments

AUSTIN - This is the third article in a three-part series about the economic loss rule. As previously discussed, the rule sorts legal claims by distinguishing whether a party can recover under contract or in tort. Thus, how the rule draws the line between contract and tort claims is vital for those in the construction industry. Indeed, if the rule sets a broad scope for contract claims, parties who rely on the certainty provided by certain contra...

Created by : cwiatrekcn
08/30/2017 21:00:00 | Viewed: 0

Legal - The Economic Loss Rule and construction defect litigation Part 2: What does the economic loss do?

AUSTIN - Last month’s article provided a brief overview of the economic loss rule. As discussed, the rule is a type of legal sorting machine: put in information regarding the type of claim or loss, and the rule will tell you whether you have a contract-based cause of action or a tort-based cause of action. While this sorting may not mean much, this article will explain why the rule can provide a powerful defense in a construction defect lawsuit...

Created by : rdoebblercn
07/27/2017 13:00:00 | Viewed: 0

Legal - The Economic Loss Rule and construction defect litigation Part 1: What is the Economic Loss Rule?

AUSTIN - A. Introduction. Litigation is the last place anyone in the construction industry wants to be in. That is why owners, developers, contractors, and sub-contractors should draft their contracts with an eye toward the possible lawsuit. To that end, a contract’s terms (capping damages, excluding claims, specifying specific types of relief, etc.) represent a careful allocation of the parties’ risk—the “benefit of the bargain.” Parti...

Created by : Reesa Doebbler
06/29/2017 14:00:00 | Viewed: 0

Legal - Making the most of early mediation

AUSTIN - Many dispute resolution clauses in construction contracts contain a requirement that the parties mediate prior to pursuing litigation or arbitration. Mediation, at its heart, is simply a facilitated negotiation, with the mediator helping all parties find consensus to resolve a dispute on their voluntarily agreed upon terms. A successful early mediation—before legal or arbitration proceedings have started—helps the parties save the ti...

Created by : cwright
04/27/2017 06:00:00 | Viewed: 0
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