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White and Williams LLP

Certificates of Merit: Is Your Texas Certificate Sufficient?

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In Eric L. Davis Eng’g, Inc. v. Hegemeyer, No. 14-22-00657-CV, 2023 Tex. App. LEXIS 8899, the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiffs’ certificate of merit, in support of their...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

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Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Harris Beach PLLC

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

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The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more

White and Williams LLP

Washington Court Tunnels Deeper Into the Discovery Rule

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Often times, properly analyzing when a statute of limitations begins to run – not just how long it runs – is crucial to timely pleading. In Dep’t of Transp. v. Seattle Tunnel Partners, 2019 Wash.App. LEXIS 281 (Was. Ct. App....more

Sheppard Mullin Richter & Hampton LLP

Contracts with Foreign Companies May Require a Rewrite

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A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more

Sheppard Mullin Richter & Hampton LLP

EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

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A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v....more

Troutman Pepper

Texas Court of Appeals Holds that Economic Loss Doctrine Does Not Bar Building Owner’s Negligence Claims Against Geotechnical...

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USA Walnut Creek, DST v. Terracon Consultants, Inc. f/k/a HBC Engineering, Inc., 2015 Tex. App. LEXIS 1806 (Tex. App. 2015) - This cases arises out of the construction of a twelve building apartment complex in Austin...more

Saul Ewing Arnstein & Lehr LLP

Ninth Circuit: Relators Can’t Profit from their Own Criminal Conduct

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In a matter of first impression, the Court of Appeals for the Ninth Circuit held that a relator cannot partake of proceeds from an FCA action if he has been convicted of criminal conduct arising from his role in the fraud. A...more

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