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13th Court Comments on Certificate of Merit Statute The Thirteenth Court of Appeals released this opinion on December 5, 2013 that provides commentary and interpretation to the Texas Certificate of Merit Statute, found in chapter 150 of the Texas Civil Practice and Remedies Code. In the case, a general contractor [...]
Construction and the Law in Texas Blocking and Tackling. It’s football season, so a discussion of fundamentals essential to successful performance is worth having. Sound fundamentals are equally important in football and in business. The fundamentals of performance and management are vital to success, but because they tend to be [...]
Construction and the Law in Texas Construction projects and the relationships of the various parties involved in a project begin with contracts of various levels and tiers. For general contractors, all the terms and conditions of these contracts are important. However, certain clauses, the language used, and the legal effect [...]
Blocking and Tackling. It’s football season, so a discussion of fundamentals essential to successful performance is worth having. Sound fundamentals are equally important in football and in business. The fundamentals of performance and management are vital to success, but because they tend to be basic, they can often be overlooked [...]
Legal Solutions On large commercial, industrial, and energy projects in both the public and private sphere, general contractors may require those subcontractors performing significant scopes of work to procure performance and payment bonds in addition to the bonds that the general might itself be required to obtain. Performance bonds are procured to alleviate some of the risk on non-performance or [...]
Construction and the Law in Texas The volume of documentation generated on many construction projects can be overwhelming at times. Depending on the role your company plays on a project and the level of interaction with other parties on the job, it’s not uncommon for project files to contain thousands [...]
In my previous post on this issue, I discussed HB 586 that was making its way through the 83rd Regular Session of the Texas Legislature. As it turned out, the bill went through some significant revisions before it was ultimately passed and signed into law by the governor. In outline [...]
I attended a convention last week whose attendees were primarily general contractors in the commercial side of the industry. These contractors generally build vertical structures on both publicly bid and privately negotiated work. I had discussions with contractors in both arenas about the fact that their subcontractors and suppliers were [...]
Construction and the Law in Texas The construction manager at-risk (CMAR) delivery method has become increasingly popular for constructing infrastructure projects in recent years, especially in the area water and wastewater azena. Public owners have chosen this delivery method because of the flexibility it provides for their projects. A CMAR assumes the risk for construction, rehabilitation, alteration or repair of [...]
Construction and the Law in Texas Unless a project is design-build, contractors do not have a direct contractual relationship with design professionals on most projects. However, a design engineer on an infrastructure project typically plays an active role as the owner’s representative. In drafting the plans and specifications, in conducting [...]