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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. [...]
Sovereign immunity has it origins in English law and was carried to American jurisprudence. In modern use, it protects the state, its various arms, and agencies from being sued for both tort and breach of contract claims. In Texas, in order for an arm of the state to be subject [...]
A group of landowners from Clint, Texas has recently filed a lawsuit because of structural and other damages that have allegedly resulted from excessive amounts of groundwater being pumped out of the water table beneath their land. Clint is a town in far west Texas near El Paso. The lawsuit [...]
In recent weeks I have been approached by multiple clients seeking to construct projects using the construction manager at risk delivery method. These clients were public owners who are bound to the delivery methods contained in the Texas Government Code chapter 2267. In addition to the traditional design/bid/build method, chapter [...]
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 [...]
I've recently been asked to address the question of a contractor's right to terminate a contract in the AIA A201-2007 as well as two customized sets of general conditions that were being negotiated by clients for new, ground-up, vertical construction projects. Each contract I was given to review dealt with [...]
At the Annual International Municipal Lawyers Conference in Austin, Texas this week, those of us participating in a panel discussion on IMLA's Construction Contract Drafting Initiative (CCDI) were somewhat surprised to learn just how many city attorney's in the audience had clients who were using the design/build procurement method on [...]
A No Damages for Delay Clause can be included in construction contracts to prevent either party from being able to recover monetary damages for delays that occur on a Project. These clauses are enforceable if they are mutually applicable to all parties to the contract. In the recent history of [...]
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 [...]
Did you know that not all public construction projects in Texas are subject to competitive bidding or other procurement regulations? Establishing relationships with local governmental officials and employees can give general contractors the leg up in securing this work and allow for cities and counties to benefit from the skills [...]