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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

Legal – Is a wall Force Majeure?

HOUSTON – That is the strange question a client asked me recently in the midst of a protracted contract negotiation. At first, I was perplexed, and then I realized, after additional follow up questions, that he was referring to the proposed US-Mexico border wall. First, let me say that this is not a political article or opinion. My intent is to inform contractors on the potential impact on labor, and language in construction contracts that im...

Created by : cwright
03/29/2017 18:34:00 | Viewed: 0

Legal – Sports’ world provides guidance for the construction project file

SAN ANTONIO – Sadly, football season is over. As we lament what our team’s season could have been and dream about what next year’s season will bring, we can apply two quotes from the sports’ world to the construction industry – specifically to the construction project file to support claims for changes: 1. “It starts with complete command of the fundamentals.” – Jesse Owens 2.“The best defense is a good offense.” – Vince L...

Created by : cwright
02/24/2017 17:40:00 | Viewed: 0

Legal – Is your teaming agreement enforceable?

SAN ANTONIO – Contractors often seek strategic alliances with other contractors to complement their capabilities and increase their chances of winning a contract. In forming such alliances, it is important to use the type of agreement that best fits your needs to ensure it’s enforceable and not just an agreement to agree....

Created by : cwright
01/25/2017 22:00:00 | Viewed: 0

Legal – Compliance with the Davis- Bacon Act: Not just prime contractor’s responsibility

SAN ANTONIO – You may think paperwork about payrolls is the general or prime contractor’s problem and that subcontractors just need to perform the work. If the Davis-Bacon Act (DBA) applies to the project, the work, regardless of who is performing it, is not done until the paperwork is complete....

Created by : cwright
12/29/2016 20:31:00 | Viewed: 0
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