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The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more

Is The Coronavirus Event A Force Majeure Or Changed Condition Event?

While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your...more

"Texas Supreme Court: Attorney-Client Privilege Protects Communications With Employee-Experts"

In re City of Dickinson1 is an important case for businesses with an employee who will testify as an expert. The question for the court was which competing rule prevails: the rule protecting attorney-client communications or...more

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Construction Alert: "Personal Liability for Fraudulent Pay Applications"

A false notarized payment application signed by a Contractor and submitted to an Owner may make both the Contractor and the person who signed the false application personally liable for damages suffered by the Owner. ...more

"Construction Alert" Texas Supreme Court Confirms Owners May Bring Negligence Claim Directly Against Subcontractors

Several cases have held that a homeowner cannot sue a subcontractor for defective work because the homeowner’s contract is with the general contractor and not the subcontractor. Those cases left it to the general contractor...more

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