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

2911 Turtle Creek Boulevard, Suite 300
Dallas, Texas 75219, United States

Prompt Payments to Contractors and Subcontractors--It's Not Just a Good Idea, It's the Law

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
| Civil Remedies, Commercial Law & Contracts, Construction Law

Pay When Paid Clauses: Be Sure You Get What You Bargained For

“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
| Commercial Law & Contracts, Construction Law

Personal Liability Under the Construction Trust Fund Act: The 800-Pound Gorilla You Never Knew Existed

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
| Commercial Law & Contracts, Construction Law

Liquidated Damages: Be Sure You Get What You Bargained For

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
| Civil Remedies, Commercial Law & Contracts, Construction Law

The Limits of Limitation of Liability Clauses

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
| Business Torts, Commercial Law & Contracts, Construction Law

Chinese Drywall and Statutory Indemnity: The Intersection of Construction Law and Products Liability

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
| Commercial Law & Contracts, Construction Law, Products Liability
Areas of Practice
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Insurance
  • Litigation
  • Personal Injury
  • Products Liability
  • Transportation
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