In addition to two other newly enacted Texas laws coming out of the most recent legislative session affecting the construction industry, Governor Greg Abbott also signed HB 2960, providing updates to Texas’ “home-rule” construction statute.
Under Texas Business and Commerce Code Chapter 272, provisions in construction contracts concerning real property located in Texas or agreements
With the recent conclusion of the biannual sprint that is the Texas Legislative session, Gov. Greg Abbott has started signing bills, including two that affect the construction industry: one in the area of construction defect claims on public buildings/public works projects and the second regarding the ability for parties to assign construction trust fund claims.
Nearly two and a half years after the Inflation Reduction Act of 2022 (IRA) became law, developers and contractors continue to adjust to the new normal for renewable energy projects: compliance with prevailing wage and apprenticeship requirements. As most renewable industry participants are aware, under the IRA, compliance with these requirements is necessary to realize
The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas lessee’s scheduling error linked to a well collapse 60 miles from the lease site at issue
In Texas, many master service agreements (MSAs) related to the oil and gas industry typically contain provisions related to mandatory minimum insurance coverage and indemnity obligations. The Texas Supreme Court recently held the terms of an MSA may not be read into an insurance policy unless there is a “clear-manifestation” in the insurance policy the
As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability for defective plans and specifications provided to the contractor by someone else. In the 1907 Texas Supreme Court case Lonergan v. San Antonio Loan &
Suppliers of construction products and materials frequently find that their products and materials are used in projects located in states where the supplier may not have an office, factory, or production facility. Some suppliers may believe that because they don’t have an office or factory in Texas, they cannot be sued in a Texas court.
As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario:
You are a general/prime contractor. You have a subcontractor’s electronic signature on an arbitration agreement. When a dispute arises with the subcontractor, you raise the arbitration agreement and attempt to submit
The coronavirus (COVID-19) has changed many of our personal and professional lives. This includes working from home and increased communication by email. During this time, many business decisions will be made through email, including entering into contracts. Owners, developers, and contractors should be aware of the pitfalls associated with negotiating contracts by email. While released