On September 24, 2019, the Department of Labor issued a final rule updating the earnings thresholds necessary to exempt executive, administrative, and professional employees from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA). Employers need to be aware of the following notable points from [...]
On Friday, February 16, 2018, the Austin City Council voted to make paid sick leave a mandatory requirement for all non-government employers. Austin is now the first city in Texas to implement such a mandate. The final text of the ordinance is not immediately available because the City Clerk must [...]
Effectively Transferring Risk Through Incorporation by Reference Clauses Incorporation by reference clauses are tools commonly used by contract drafters to extend the terms, obligations, rights, and remedies from one contract to another. In construction contracts, these clauses are most often seen in subcontract agreements and bonds. In subcontracts, incorporation by reference [...]
The Texas Trust Fund Act governs how contractors, subcontractors, and, sometimes owners, can use funds they receive on construction projects in Texas. Download the full article.
Do you need quick answers to questions about municipal contracting ad purchasing? There are many individual statutes that govern a city's responsibilities and obligations in the procurement process. These regulations cover all types of procurement, not just construction spending.
Here is a paper that is currently published on the Texas Attorney general's website. I, along with three co-authors, wrote this paper. We've updated it to bring it current through the last legislative session in 2012. Future updates will follow pending action from the 82nd Legislature in 2013.
Contractor Approach to Risk Allocation VIII - Subcontractor Selection Clauses In this edition of my series addressing equitable risk allocation in construction contract, I am going to discuss those clauses where an owner seeks input or control over a contractors subcontracts and subcontractor selection. In Construction Manager at-Risk [...]
This article is the fifth in my series of discussions about contractual risk allocation. This installment focuses on force majeure clauses and discusses the manner in which certain contracts allocate the risks associated with force majeure. While occurrences of force majeure events are foreseeable, their type, scope, length, and overall [...]
The Contractor’s Approach to Risk Allocation IV: Acceptance of Work Clauses This article is the fourth in my series of discussions about contractual risk allocation. This installment focuses on acceptance of work clauses and discusses the manner in which parties to the contract can best allocate the risks associated with [...]
The Contractor’s Approach to Risk Allocation III: Consequential Damages Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept [...]
The Contractor’s Approach to Risk Allocation II: Indemnity Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept risk. One clause [...]