As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or may otherwise suspend or even terminate work. Often these notifications or ...
MoreUnlike with private commercial projects, liens cannot be filed against public projects in Texas. This means that unpaid subcontractors and suppliers do not have the same protections on public projects as those on private projects. On a private project, a subcontractor or supplier would ordinarily file a lien ...
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 ...
MoreWhat should a Subcontractor do when a General Contractor presents, to the Subcontractor, the 401A-2017 Standard Form of Agreement Between Contractor and Subcontractor (“A401”)? While some provisions in the A401 are favorable to the Subcontractor, others are not. This multi-part series explores some of the ...
MoreCommercial construction contracts between owners and contractors, such as the form AIA Document A201 contract, often include various express warranties whereby the contractor warrants its work on the project to the owner. Among those express warranties are the more common warranties that: (i) the materials and ...
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 ...
MoreThe Gulf Coast hurricane season runs from June 1st to November 30th each year. Because this is a known risk, many businesses prepare emergency response plans to mitigate risks to persons and property, but many of those same businesses are not prepared to mitigate economic risks arising from ongoing construction ...
MoreSubcontracts between a general contractor and subcontractor often contain a flow-down provision stating that the terms and conditions in the owner/contractor agreement (the “Prime Contract”) are also binding on the subcontractor—making the subcontractor obligated to provisions in the Prime ...
MoreRecent Posts
- A Cautionary Tale for Contractors: Releases in Contract Modifications and Preservation of Claims
- The Impact of New Texas Discovery Rules in Delay and Disruption Claims
- If You Seek to Limit the Authority of Your Arbitrators, Your Arbitration Clause Must Be Clear
- The Anatomy of a Change Order Clause in a Construction Contract
- Substantial Compliance – When the Contract Doesn’t Always Mean What it Says
- Ready to Settle with the General Contractor or its Bankruptcy Trustee, Subcontractors Should Proceed with Caution
- Recent Victory for All Texas Landowners Facing Pipeline Condemnation
- Navigating Austin Bridge – New Texas Supreme Court Case Upends Arbitration Framework Against Governmental Entities
- Is the Coronavirus Event a Force Majeure or Changed Condition Event?
- Small Business Economic Injury Disaster Loans