Publications

Construction and the Law in Texas Just before my publication deadline for this article (Dec. 17), Texas Speaker of the House Joe Straus announced that the legislative priorities for the upcoming session would be education, transportation, water, jobs and budget transparency. Each of those five priorities directly impacts our industry. [...]

Construction and the Law in Texas The Construction Trust Fund Statute is a criminal law that applies to all construction projects in Texas. This statute states that payments on construction projects are trust funds if the payments are made to a contractor or a subcontractor under a contract for construction involving improvements to real [...]

Construction and the Law in Texas Recently, President Obama signed into law the new 2012 highway bill, which often is discussed in the media as highway funding and jobs creation legislation. However, very few stories or outlets provided a good summary of just what the bill includes and what it [...]

Texas is growing. The population of Texas in 2010 was approximately 25 million. According to projections on the Texas Water Development Board (TWDB) website, the population is projected to grow to almost 34 million in 2030 and 42 million in 2050. The majority of this growth is projected to occur along the I-45 and [...]

Construction and the Law in Texas To say public ownership of horizontal construction projects is commonplace would be an understatement in our industry. While private developers and owners do construct infrastructure projects or improvements, public ownership of highway, water, wastewater and roadway projects is the norm. When claims arise on [...]

Construction and the Law in Texas As general contractors on highway, road, and infrastructure projects, the potential for high-dollar scopes of work for some subcontractors exist on many projects. The potential also exists to award a scope of work to subcontractors with whom you have little experience. These situations can [...]

Construction and the Law in Texas Asserting a claim against TxDOT can be difficult procedurally and substantively. The claim process is outlined in the Texas Administrative Code. Procedurally, claims against TxDOT involve multiple hurdles. Substantively, the claim must be fully developed and packaged for presentment prior to the adjudication of [...]

Construction and the Law in Texas Bills From the 82nd Legislature, 2011 Regular Session In the most recent Texas legislative session, certain key laws were enacted that will affect the construction industry. The following summary identifies each law and briefly addresses its importance: SB 425 (Certificates of Insurance): Senate Bill [...]

Construction and the Law in Texas As our state continues to grow, our transportation system faces challenges from increased congestion on our roads and highways. With limited available space for significant urban roadway expansion, political leaders are giving consideration to commuter rail systems in our largest metropolitan areas. Commuter rail [...]