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The Contractor’s Approach to Risk Allocation II: Indemnity Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept risk. One clause [...]
In my previous post on this issue, I discussed HB 586 that was making its way through the 83rd Regular Session of the Texas Legislature. As it turned out, the bill went through some significant revisions before it was ultimately passed and signed into law by the governor. In outline [...]
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 [...]