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.
Unless they are fully self-perform-ing projects, general contractors subcontract certain scopes of work and accept the risk of sub-contractor performance. Download the full article.
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.
The Texas Prompt Pay act has two forms: the government code contains the prompt pay act that applies to public works and the property code contains a similar act that applies to private projects. Download the full article.