Construction Developments

Texas’s Major Lien Law Makeover: What You Need to KnowChapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and

Willful Misconduct Defined, How Broad Is That Exception to Your MSA?In Texas, most Master Service Agreements related to the oil and gas industry provide indemnities based on who or what was injured rather than who caused the injury. For example, the standard knock-for-knock indemnity will provide that an operator will defend and indemnify the contractor for injury to the operator’s employees even if the injury

Measuring the Long Arm of Texas Courts: When Is an Out-of-State Supplier Subject to Texas Jurisdiction? 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.

Expansion of Premisis Liability for Construction OwnersA property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed. Chapter 95 of the Texas Civil Practice and

Quick Thoughts for Construction Contracting: Don’t Overlook the Entities – Part 1Sometimes the best advice is the advice we already know, but a timely reminder makes all the difference.  In this first blog post of the series, the advice is exactly that. Get the right entities on the dotted lines.

You’ve spent weeks negotiating the minutiae of change order procedures, hemming and hawing on completion dates,

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for NegligenceThe North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services, Inc. v. The Hard Art Studio, PLLC, the owner contracted with architecture firm Olive Architecture to develop plans for a mixed-use complex

The Impact of the 2020 Tennessee Construction LegislationAfter a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority – or at least parity – with construction lenders, further

ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy SectorThe International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC Rules contain some important updates, especially for the construction and energy sector, which constitutes approximately 40% of the ICC’s overall caseload. The 2021

Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in PlaceOne of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure construction and maintenance currently needed in the U.S. is staggering. The federal government recently put off dealing with this

Coverage for Defective Work? Michigan Joins MajorityMichigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme Court held that a subcontractor’s unintentional defective work was an “accident”