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Most construction contracts have some form of mediation provision. I discussed that provision and some factors for consideration in my last post. In this post, I'd like you to consider alternative dispute resolution provisions that can help you resolve disputes in real time, or, in the alternative, before engaging in [...]
Construction and the Law in Texas Texas courts have issued a series of opinions recently that affirm Texas as a “freedom to contract” state. These opinions have enforced harsh results for claimants who might have fared better in the past when courts were seemingly more willing to put aside contract language barring recovery in favor [...]
In my previous post, I commented on arbitration and whether it still deserves to be the go-to procedure for binding dispute resolution in construction contracts. Carrying that post one step back into the dispute resolution process, parties to construction contracts should also consider the procedures they create for non-binding dispute [...]
Construction and the Law in Texas In my January article that was a preview of this session’s construction bills and initiatives, I identified five legislative priorities for the 83rd Legislature as announced by Texas Speaker of the House Joe Straus before the session started. Those priorities were education, transportation, water, [...]
In construction, the vast majority or contract forms between owners, general contractors, and subcontractors contained arbitration clauses until very recently. Now that the AIA A101 and A201 no longer have arbitration as the default dispute resolution forum, more construction contracts refer parties to the courts for dispute resolution and litigation [...]
I have written about the Houston Court of Appeals' decision in Port of Houston v. Zachry addressing that court's interpretation of the No Damages for Delay Clause in the contract between those parties. (See my post below from October 6, 2012). Both Owners and Contractors should be aware of the [...]
Construction and the Law in Texas Green construction is a hot topic in vertical construction. The U.S. Green Building Council and LEED (Leadership in Energy and Environmental Design) certification are well known and many project managers and facilities owners strive to attain desired levels of certification for their projects. The [...]
Texas Construction Trust Funds The link provided will take you to a short article I had published in Texas Contractor Magazine about the Texas Trust Fund Statute. That stature is the subject of current debate amongst legal practitioners. In many cases where I represent general contracors against subcontractors on payment [...]
Legal Solutions Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will require subcontractors with significant scopes of work to furnish their own performance and payment bonds on significant projects. As such, this article will provide [...]
A Challenge to Certificate of Merit Survives Non-Suit Much has been written by both courts and practitioners about the certificate of merit statute and the requirements of the affidavit that must be attached to an original petition when suing a design professional for negligence. This week, in the opinion for [...]