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Jon Paul Hoelscher serves as a trusted legal advisor to his clients, providing a 360-degree approach to risk management, litigation and general business issues. Jon Paul’s practice focuses on advising clients in the construction, energy, and oil and gas industries. He often represents general contractors, subcontractors, oil field service companies, product and equipment manufacturers, as well as property owners and developers in a wide range of transactional and litigation matters.

Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration ClauseOn December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of direct benefits estoppel and implied assumptions did

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation PolicyOn November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for safety violations regardless if the employer actually employs the employee(s) exposed to the hazard.

Under OSHA’s multi-employer worksite policy,

Texas Construction Alert: Important Reminder about Construction Claims for Builders and ContractorsIn light of the recent devastation caused by Hurricane Harvey, we want to remind area builders of the 2011 law that applies to disaster remediation contractors performing work in Texas.

In 2011, wildfires ravaged over 40,000 acres of Texas land located in Bastrop and Grimes Counties. In addition to those wildfires, Texas experiences tornadoes, hail