Texas Construction Law Blog

On May 29, 2026, the Texas Supreme Court decided Studio E. Architecture and Interiors, Inc. v. Lehmberg, No. 24-0286, addressing the certificate of merit requirement in Texas Civil Practice and Remedies Code Section 150.002. The key takeaway is straightforward: when a claim against a design professional is ...

Timely payment is essential to the success of any construction project, but it is particularly critical on public works projects, where contractors and subcontractors often operate with limited leverage against governmental entities. To address this concern, Texas has enacted the Payment for Goods and ...

For construction owners, developers, contractors, and suppliers, the past fifteen months of the International Emergency Economic Powers Act ("IEEPA") tariffs have landed hard on the materials portion of the business, creating chaos and confusion in project budgets and pass-through clauses. But as of April 20 ...

In a recent decision with important implications for construction contracts, the Texas Supreme Court clarified that a party that settles a claim may still pursue contractual indemnification from a non-settling party for the non-settling party’s proportionate share of liability.

In S&B Engineers & ...

The Texas Supreme Court recently issued an important decision for contractors, subcontractors, and infrastructure companies working on public roadway projects. In Third Coast Services, LLC v. Castaneda, the Court confirmed that statutory liability protection under the Texas Civil Practice & Remedies Code ...

NOVEMBER 2025 UPDATE - THE TEXAS BUSINESS COURT'S JURISDICTION HAS EXPANDED

In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas Business ...

A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate.

You have options. You can insist on your right to arbitrate by filing a motion to compel arbitration. Both ...

A recent opinion from the Fourth Circuit Court of Appeals^[1] highlighted a seemingly minor issue that can have huge future consequences: how to determine pre- or post-award interest on amounts that depend on contingent events in arbitration proceedings. From 2007 to 2008, a series of disputes arose between ...

Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general ...

Selecting the right project delivery method is crucial — not just from a design and budgeting standpoint, but also from a legal standpoint. Two of the most common delivery methods are Design-Build (DB) and Design-Bid-Build (DBB). Each approach has its unique legal implications that significantly affect ...