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Lonergan Lives On—Fifth Circuit Affirms Contract Risk Allocation, Citing 110+ Year Old Texas Case

The Fifth Circuit applying Texas law recently weighed in on whether a subcontractor could recover more than the contract balance from the general contractor when (1) the work proved more onerous than anticipated at...more

Ready To Settle With The General Contractor Or Its Bankruptcy Trustee, Subcontractors Should Proceed With Caution

The subcontractor did everything right: it did the work, but did not get paid, and thereafter properly perfected a lien. Now, the subcontractor has an opportunity to settle with the general contractor or even its subsequent...more

Alert: "Fifth Circuit Holding: A Non-Debtor's Easement Rights Can Be Eliminated In Bankruptcy"

This week, the Fifth Circuit Court of Appeals expressly recognized that a bankruptcy sale can extinguish an easement. In Port of Corpus Christi Authority v. Sherwin Alumina Company, LLC, the Fifth Circuit acknowledged that...more

Alert: "Easement Rights Eliminated In Bankruptcy"

Recently, the Fifth Circuit Court of Appeals heard argument in Port of Corpus Christi Authority v. Sherwin Alumina Company, LLC, No. 18-40557. If you possess valuable easements, this is a case worth following. As alleged...more

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