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Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount.  With H.B. 3485, the Texas legislature has...more

Texas Supreme Court: Actual Notice Does Not Satisfy Written Notice Requirement

In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract.  The Court’s opinion reached two key...more

Chapter 53 Expands Lien Rights for Design Professionals

Texas has new lien laws that affect all construction projects with a prime contract dated on or after January 1, 2022.  The new lien laws are particularly helpful to architects, engineers, and surveyors.  Design professionals...more

Can the Trust Fund Act be Waived

The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry.  However, the Construction Trust Fund Act (Ch. 162 of...more

Obscure But Important Surety and Guarantee Rules

Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more

Establishing Personal Liability Without a Guaranty

When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more

Broad Form Indemnities In Construction Contracts

Indemnifying someone for their own negligence is a tough pill to swallow. ...more

Arbitration vs. Bench Trial

Arbitration clauses are very common in contracts in the construction and energy industries. Many industry players reflexively insist on arbitration despite its pitfalls. ...more

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