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 [...]
This is part three of a discussion of contractual claims and dispute resolution provisions. As the discussion continues, the next step in both the discussion and in most dispute provisions in construction contracts falls to mediation. Download the full article.
Last month, this column introduced the idea of claims and certain contractual and statutory elements that may affect a contractor's ability to bring claims for contract time and contract sum adjustments under contract. This month, the discussion will focus on contractual terms concerning claim resolution. Download the full article..
With this column, I will begin a series of discussions concerning claims and dispute resolution. The discussion will begin with contractual claims procedures and presentment provisions. Download the full article.
General contractors who sub-contract portions of the work on their projects almost always include clauses in their subcontract terms and conditions that allow the contractor to withhold payment from a subcontractor in the event the subcontractor’s performance causes the contractor to experience a loss. Download the full article.
Jeff Chapman authored an article in The Advocate - The State Bar Litigation Section Report titled Contractual Notice and Opportunity to Cure Provisions. While The Advocate is directed at all practitioners who have a litigation practice and the article is written in a manner that has applicability beyond construction, the article [...]
In the June 2015 edition of Texas Contractor, I wrote a column addressing the Keys to a Successful Joint Venture. Assume that the hypothetical joint venture discussed in that column was formed, a project was awarded, and the Work has just been completed. Download the full article.
The 85th Regular Session of the Texas Legislature ended on May 29th. Many commentators state this legislative session was less productive than usual, as only 17 percent of filed bills passed both chambers and await the Governor's signature. Download the full article
As a construction lawyer, I am consciously aware of the costs associated with legal disputes in the construction industry and the economic considerations that my clients must consider when a dispute arises. Download the full article.
In a past legal column for Texas Contractor, liquidated damages were discussed with a focus on the ways parties to prime and subcontracts view and utilize liquidated damages. That column discussed the considerations and negotiating strategies associated with liquidated damages clauses in contracts. Download the full article.