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 ...More
While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both.
When you bid and signed your contracts, if the force majeure clause was given any thought, it likely was about the impact of a ...More
As 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 ...More
The 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 ...More
A 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 ...More
- 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