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 [...]
The Contractor’s Approach to Risk Allocation: Liquidated Damages and No Damages for Delay In my last column, I introduced the idea of addressing risk allocation in a series of columns to appear on a monthly basis. The goal of this series is to educate contractors, subcontractors, and owners [...]
The Public Private Partnership wave has come to Texas. P3s or PPPs are being used to to deliver new projects to the public in transportation and vertical construction. Is it only a matter of time until the P3 wave moves into the world of water infrastructure? For the reasons discussed [...]