Walker M. Duke – Duke Law Office, P.C.

Imagine your company is working on a construction project and your portion of the job is about half finished, but the company you contracted with is about four months behind on payments. This isn’t the first time they’ve fallen…more

“Pay When Paid” contract clauses have become a fairly common tool used by general contractors to limit financial liability to subcontractors in the event of an owner’s insolvency. In a nutshell, they provide that a GC’s…more

Most people in the construction industry in Texas have at least some awareness of the Texas Construction Trust Fund Act. What many contractors may not realize is the potential personal liability that the Trust Fund Act…more

Liquidated damage clauses can be an effective way to handle the uncertainty of delay damages in construction projects. To be valid, they typically must satisfy a two-part test, and they should not act as a penalty. For maximum…more

Limitation of liability clauses ("LOLs") have been used for years to effectively limit the potential liability of design professionals, contractors, and others. What are the requirements for a valid limitation of liability…more

The recent flurry of litigation over defective Chinese drywall has put a new focus on an old problem--products liability in the construction law environment. When is a builder responsible for products it innocently sold or…more