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Recent Posts

Design Defect Bill Passes Texas House, Goes to Gov. Abbott
Design Defect Bill Passes Texas Senate
Timing of Delivery Does Not Always Negate Prompt Payment Act Obligations
Pitfalls of Contractor’s Consents
Tracking and logging COVID-19 expenses
COVID-19 and the Construction Industry
Liquidated damages are unenforceable if they significantly exceed actual damages
Contractor Sentenced to Three Years in Prison Following Employee Death
Reporting Fraudulent Information to the Workers’ Compensation Board Results in Criminal Charges
Property Owners Afforded Extra Protection from Claims of Independent Contractors
Texas Court Says AS-IS Clause Possibly Unenforceable
Insurance claims can be denied completely unless the owner or contractor can show how much damage resulted from causes covered under the policy
Liquidated-damage provision enforced by Houston Court of Appeals
Texas Supreme Court refuses to look beyond the contract language to determine a party’s obligations
2017 Legislative Updates
Partial performance can overcome the absence of a written contract
Construction contracts can incorporate documents executed by the parties without describing them with specificity
Failure to investigate contractor’s performance may prevent an owner from later recovering damages for latent defects
Challenges to overall enforceability of a contract can be determined by an arbitrator
Arbitration agreement found unenforceable because employer could modify it without advance notice to the employee
Pay attention to the signature block and guaranty provisions when signing a contract
Court narrowly construes law limiting contract-notice requirements
Contractor’s officer successfully defends against claims for misapplication of trust funds

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