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Improper Jury Argument: Texas Courts’ Recent Focus on Unsubstantiated Anchoring

Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their...more

The COVID-19 Change Order

During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These...more

The New Rules (Part 2): Restrictions on the Duty to Defend for Architects and Engineers

In part two of our series on Texas’ recently passed construction law legislation, we focus on risk shifting provisions relating to construction engineering and/or architectural services. The new risk shifting provisions in...more

The New Rules: Liability Limitations for Construction Design Defects in Texas

Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of...more

Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections

The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites....more

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

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