PHONE: 512.872.3840
This article is the seventh in my series of discussions about contractual risk allocation. This installment focuses on differing site conditions clauses. Currently, a common approach to these clauses is to shift all-risk to the contractor. This shifting of risk is often reflected in both bid instruction and the general [...]
Jeff Chapman and Caroline Hall will present two topics on Performance and Payment Bpnd Claims and the Litigation of Lien and Bond Claims on July 29 in Austin, Texas. Mr. Chapman will address the statutory regulations and constraints placed on sureties who issue construction bonds in Texas as well as [...]
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 [...]
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 [...]
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 [...]