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DALLAS / FORT WORTH

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Legal - Don’t be scared - Be prepared! Violence issues in the workplace

DALLAS/FT WORTH - Scenario: An employee enters the job site wearing camouflaged clothing, carrying a large paper sack. The employee, who speaks to no one, has been acting strangely recently, making threats to his supervisor and fellow employees and making comments about getting even....

Created by : contributorcn
06/28/2018 11:00:00 | Viewed: 0
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Legal - Assessing impact of Houston’s overhaul of Floodplains Building Regulation

Houston - On April 4, 2018, the Houston City Council voted to significantly overhaul regulations on building within the 100- and 500-year floodplains. The proposal to amend Chapter 19 of the City of Houston Code of Ordinances, the City’s Floodplain Regulation Ordinance, was first introduced in late January and was specifically fast-tracked through the ordinance revision process. Several groups voiced concerns about the unintended consequences o...

Created by : contributorcn
05/30/2018 11:00:00 | Viewed: 0
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Legal - A case for careful review of construction contract dispute resolution clauses

HOUSTON - Dispute resolution clauses are common in contracts between owners, general contractors and subcontractors. For quite some time, the general rule of the construction industry has been that an arbitration proceeding is the preferred method of resolving disputes as opposed to jury trials. There is also the general belief maintained by many in our industry that arbitration is less expensive, less time consuming, and quicker to achieve a re...

Created by : contributorcn
04/27/2018 11:00:00 | Viewed: 0
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Legal - Effective emergency planning critical to managing OSHA investigations and rising incident penalties

AUSTIN - The stated purpose of the Occupational Safety and Health Administration (OSHA) is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA has promulgated various standards to create rules employers must use to protect their employees from hazards....

Created by : contributorcn
03/29/2018 11:00:00 | Viewed: 0
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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
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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
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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
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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
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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
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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
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