Dispute Resolution Provisions for Construction Contracts

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 [...]

Arbitration – Is it Still Right for You?

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 [...]

Texas Construction Trust Funds

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 [...]

A look at Sovereign Immunity

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 [...]

Sewer Project Results in Lawsuit from Landowners

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 [...]

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