Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more
4/25/2025
/ Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Executive Orders ,
Risk Allocation ,
Risk Management ,
Tariffs ,
US Trade Policies
If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more
1/31/2025
/ American Institute of Architects ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Contract Terms ,
Contractors ,
Property Owners ,
Risk Management ,
Statute of Limitations ,
Subcontractors ,
Warranties
The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more
9/1/2023
/ Change Orders ,
Construction Project ,
Contractors ,
Mining ,
New Legislation ,
Oil & Gas ,
Oil Wells ,
State and Local Government ,
Storage Tanks ,
Subcontractors ,
Texas
Liquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in...more
Less than a year ago, Texas Senate Bill 219, addressing liability for construction defects due to defects in design documents, went into effect and was codified as Chapter 59 of the Texas Business and Commerce Code. Where the...more
In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more