News

On July 8, 2024, Hurricane Beryl made land fall as a Category 1 hurricane that would become the costliest storm to hit Texas since Hurric...

Texas Construction Trust Fund Act ("TCTFA") is a statute that protects beneficiaries in the event a Trustee misappropriates construction ...

A subcontractor is on track to timely finish its job, but the general contractor got in the way and reduced the subcontractor’s productiv...

Constructive eviction and the warranty of suitability provide commercial tenants with protection against hazardous substances on their le...

Property law provides numerous warranties for residential leases—warranty of habitability, warranty to construct in a workmanlike manner....

Contingent payment clauses, known as Pay-if-paid provisions, are often found in contracts between general contractors and subcontractors....

What you don’t know about retainage, and the recent changes to retainage by the Texas legislature, could be a problem. West Mermis examin...

A defendant in a case brought under the Deceptive Trade Practices Act (the “DTPA”) is entitled to an award of attorney’s fees if the cour...

Getting Around the RCLA – Abandonment. RCLA imposes far reaching procedural hurdles and limitations on homeowners seeking damages from re...

The Texas statute of repose requires plaintiffs to file claims against a contractor that arise “out of a defective or unsafe condition of...

Texas Legislature added a statute of repose applicable to individuals who perform or furnish construction or repair of improvements to re...

Construction cases often involve entities and/or individuals not directly involved in the litigation at bar. A non-party witness often ho...

Sovereign immunity is a concept that predates the formation of America’s justice system but has been implemented for political, financial...

Texas’s HB 2237, an extensive overhaul of the state’s lien system, recently went into effect at the beginning of this month (January 1, 2...

Recent events and tragedies have drawn a harsh spotlight onto America’s aging structures and infrastructure. A panel of experts will disc...

Congratulations, you made it! You’ve taken your oath, your license is newly framed and your shiny new gold Bar Card fits snuggly into you...

Under Texas law, a general contractor ordinarily has no duty to ensure that a subcontractor’s employees safely perform construction work....

The construction industry is no stranger to contractual disputes: an owner suing a general contractor for not completing a project in a t...

In Texas, valid mechanic’s liens allow contractors to enforce their right to payment against the underlying property. A mechanic’s lien i...

A recent case from the Texas supreme court reaffirmed and clarified a general contractor’s liability to an independent contractor’s negli...

Under normal circumstances, the Texas House of Representatives meets for session at noon on the second Tuesday in January of odd numbered...

Construction contracts invariably lay out deadlines for the contractor to meet, such as a start date and a date for substantial completion.

In any legal dispute, one of the first things an attorney must do is determine whether the claimant has the right to sue the defendant. I...

Generally, an owner of a construction corporation or limited liability company will not be held liable for the debts, obligations, or lia...

In October 2020, the Houston First Court of Appeals affirmed the lower court’s ruling that parents whose claims were brought on behalf of...

The construction industry is one that unsurprisingly is ever changing. Whether it be the laws governing the erection of new structures, o...

Rolling power outages stemming from freezing weather conditions have paralyzed Houston and much of Texas. As of February 18th, approximat...

This too shall pass. The first round of vaccinations to Covid-19 currently rolling out, bringing with them a cautious optimism among the ...

The construction project hierarchy is familiar and well established. The owner hires the general contractor, and in turn the contractor h...

Due to the global pandemic and recent spike in COVID-19 cases, it’s anyone’s guess when Texas jury trials will resume. Arbitration, howe...

For many years, practitioners have used Section 18.001 of the Texas Civil Practice and Remedies Code as a strong weapon in their arsenal ...

As the Texas Supreme Court pointed out in LAN v. Eby[1], construction cases are particularly well suited for the application of the econo...

Just over a century ago, a new strain of influenza arose and quickly spread throughout the world. This new illness, the Spanish flu, qui...

Document the status of the project now in order to avoid COVID-19 being used to excuse prior performance failure Document the delays tha...

If you are involved in the construction industry, you are familiar with the challenge of staying on schedule. On every project, construct...