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Navigating the Proposed Elimination of Employee Non-Compete Agreements

If you have been around Texas construction in the past decade, you’ve no doubt heard about a foreman shopping his crew around. You’ve probably worried about a key superintendent or project manager taking his skills to your...more

Reporting Work-Related COVID-19 Diagnoses to OSHA

Employers are generally not responsible for reporting employees’ positive COVID-19 diagnoses to the U.S. Department of Health and Human Services or the Texas Department of State Health. However, employers may overlook the...more

A Myth About Delay – Revisited

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...more

When is an Unforeseen Condition a “Differing Site Condition”?

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

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