When injuries occur on public roadways, plaintiffs often look beyond the immediate parties and sue the engineers and contractors who designed or built the roadway. Many states have statutes that attempt to shield those parties from liability. Whether immunity attaches in a given case is often a matter of statutory interpretation. For example, in Texas
Bradley’s BuildSmart blog provided posts earlier this summer in June and July regarding some of the recently enacted laws from the 2025 Texas legislative session affecting the construction industry in Texas. This post describes two additional bills from the most recent Texas legislative session, one dealing with cybersecurity liability protections and one clarifying certain mechanics’
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.
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
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 &
Chapter 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
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