- Posts by Cornelius M. SweersAssociate
Cory Sweers represents clients in all stages of the construction process, from drafting, reviewing, and negotiating construction agreements to litigation and arbitration of construction disputes. He has experience advising ...
The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The upshot of the bill is that private and governmental owners cannot issue owner-directives (or ...
MoreLiquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in litigation. But Texas law on this issue is counterintuitive and can render a ...
MoreLess 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 ...
MoreIn a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez,[1] the Court upheld the trial court’s summary judgment in the general contractor’s favor and dismissed the ...
MoreRecent Posts
- New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023
- Strict Deadlines Apply to Motions to Vacate Arbitration Awards Under the Federal and Texas Arbitration Acts
- 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?
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