Texas Construction Law Updates

Texas Supreme Court refuses to look beyond the contract language to determine a party’s obligations

Jason Cagle - Tuesday, April 03, 2018

The Texas Supreme Court recently declined to look beyond an agreement’s clear language to trigger one party’s obligations. This was despite the other party’s insistence that pre-contract negotiations proved that the obligations had to be triggered. As a result, the other party did not get the performance that it thought was included in its bargain. In URI, Inc. v. Kleberg County, the parties entered into an agreement in which URI could ... read more

Challenges to overall enforceability of a contract can be determined by an arbitrator

JP Neyland - Tuesday, October 17, 2017

The parties to a dispute entered into an informal written settlement agreement, which contemplated execution of a more-formal settlement agreement later. The informal settlement agreement stated that “any disagreement result[ing] from negotiation and completion of this documentation” would be submitted to arbitration. One party argued the informal settlement agreement was wholly unenforceable because it was not approved by that party’s Board  ... read more

Copyright © 2019 Griffith Davison, P.C. All rights reserved.