- Posts by Amy K. WolfshohlPartner
Amy Wolfshohl is certified by the Texas Board of Legal Specialization in Construction Law and has been recognized by Chambers USA, The Legal 500, The Best Lawyers in America, and Super Lawyers for Construction Law. Chambers sources ...
With material cost volatility in the current market, the topic of price escalation clauses is more prevalent. Some material costs are up and other costs are now down. Traditional lump sum contract structures do not take into account price escalation or de-escalation; whereas cost plus structures entirely and ...
MoreExcluding consequential damages has become a regular part of negotiating engineering and construction contracts. A typical clause excludes recovery of indirect, exemplary, and consequential damages for both parties. Beyond these broad categories, there is often little negotiation as to the specific types of ...
MoreOn February 17, 2022, the Court of Appeals in El Paso, Texas reversed a summary judgment in favor of a mineral lien subcontractor claimant because, at the time the lien was filed, nothing further was owed under the prime agreement (Pearl Res. Operating Co. LLC v. Transcon Capital, LLC, No. 08-19-00288-CV, 2022 WL ...
MoreTexas Senate Bill 219, which governs liability for construction defects due to flaws in design documents, goes into effect on September 1, 2021. With a few exceptions, the statute will effectively wipe out the Texas Supreme Court’s long-standing Lonergan holding that absent contractual language to the ...
MoreChange orders can quickly become a source of contention on construction projects and are often the subject of major disputes. As a result, it is important for stakeholders to carefully draft and negotiate the change order and related provisions pre-contract.
The key portions in a change order clause beyond the ...
MoreTexas law has certain peculiarities which must be followed when a project is located in Texas. To avoid surprises and unanticipated liability on construction projects, the parties should modify contracts consistent with Texas law—or at least be aware of the limitations that are in place due to certain Texas ...
MoreOwners of construction projects are often surprised to learn that they are required to withhold 10% retainage on private construction projects in Texas. Failure to withhold 10% can result in liability up to that amount.[1] Similarly, owners often continue to pay the general contractor after receiving a lien ...
MoreAs described by my colleague Sean McChristian in Part 1 of this two-part blog series, planning for hurricane season in Texas is a critical part of mitigating risk in the construction industry. In addition to reviewing force majeure provisions, owners and contractors need to have an understanding of the ...
MoreA recent Texas case clarified that both disruption and delay claims are potentially recoverable against a county pursuant to Texas Local Government Code § 262.007. Under the statute, sovereign immunity is waived to a certain extent against a county in Texas when the county is a party to a construction contract. The ...
MoreRecent Posts
- Texas Supreme Court Rules on Governmental Immunity in Construction Contract Dispute
- Bond to Indemnify Against Liens vs. Bond to Pay Liens or Claims
- Recent Construction News under the Inflation Reduction Act
- Tips on Drafting Enforceable and Effective Liquidated Damages Provisions Under Texas Law
- Price Escalation Considerations in Construction Contracts
- Top Five Provisions to Review in Your Construction Contract
- Hurricane Season - Damage Repair Contract Protection for Consumers and Contractors
- What is the Consequence of Excluding Consequential Damages from a Construction Contract?
- Are Forum and Choice of Law Provisions in Texas Construction Contracts Enforceable?
- Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas
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