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.
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 [...]
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..
The Chapman Firm is proud to have assisted the City of Weslaco in this important matter. The City filed suit against its design engineer to recover damages because the City felt it has been misled into paying far too much for design services and the engineer's performance was, in some [...]
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.
The E-Verify system screens for undocumented workers by comparing information from an employee's I-9 form with records maintained by the Department of Homeland Security and the Social Security Administration. A new law that took effect on September 1, 2017 makes it clear that private e-sector contractors that work for the [...]
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 will present to the Austin Chapter of the National Association of the Remodeling Industry and their October Board meeting and membership lunch. Jeff will speak with the membership about Project Management and Dispute Avoidance. The meeting will be held at the Sunshine Camps Facility in Zilker Park on [...]
Jerry Negrete will speak to the membership and guests at the Texas Charter Schools Association's Annual Conference. This year's conference takes place between Oct. 11-13 at the Gaylord in Grapevine. Jerry will discuss procurement for charter schools as well as recent updates to the law that effect charter school construction projects. [...]
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 [...]