The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount. With H.B. 3485, the Texas legislature has...more
In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract. The Court’s opinion reached two key...more
Texas has new lien laws that affect all construction projects with a prime contract dated on or after January 1, 2022. The new lien laws are particularly helpful to architects, engineers, and surveyors. Design professionals...more
The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry. However, the Construction Trust Fund Act (Ch. 162 of...more
Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more
2/11/2020
/ Construction Contracts ,
Construction Project ,
Contract Disputes ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Federal Rules of Civil Procedure ,
Payment Bonds ,
Performance Bonds ,
Personal Guaranties ,
Subrogation ,
Suretyships ,
Waivers
When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more
Indemnifying someone for their own negligence is a tough pill to swallow. ...more
Arbitration clauses are very common in contracts in the construction and energy industries. Many industry players reflexively insist on arbitration despite its pitfalls. ...more