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Contractor Lashes Out at Surety as Projects Go Awry

This is a story that I noticed in another news outlet a few days ago.  It's interesting because the contractor has chosen to sue its surety after the surety demanded all remaining contract balances on a large school project to complete under a performance bond. In the lawsuit, the contractor [...]

Welcome to my Texas Construction Law Blog

My name is Jeff Chapman.  I am a construction lawyer in Austin, Texas.  In this blog I will offer commentary that is my own opinion and analysis of issues that are pertinent to the construction industry and construction law.  Nothing posted on this blog is intended as legal advice.  Should [...]

What Damages are Recoverable on State and Locally Owned Projects?

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 [...]

Subcontractor Default & Surety Performance

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 [...]

Navigating the TxDOT Claim Process

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 [...]

New Laws Affecting the Heavy/Highway Construction Industry

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 [...]

Public Private Partnerships in Commuter Rail Development

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 [...]

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