Posts from May 2022.
Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas

A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right to hold the seller responsible for the pre-contract representations ...

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Texas-Sized Exceptions: Applicability of Chapter 59 Could Potentially Affect Contractors

Less than a year ago, Texas Senate Bill 219, addressing liability for construction defects due to defects in design documents, went into effect and was codified as Chapter 59 of the Texas Business and Commerce Code. Where the statute applies, it generally provides that contractors do not bear the risk of design ...

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