Texas Construction Law Blog: Porter Hedges - Law Firm, Attorneys

Rethinking Arbitration Clauses in the Texas Business Court Era: Implications for Construction Contracts

Nicholas A. Simms — Mon, 05 Oct 2026 09:00:01 -0500

The primary arbitration-versus-litigation checklist — faster, cheaper, private, lack of meaningful appeal — was built for a Texas that no longer exists. Two years of Business Court operation (since September 1, 2024) and the 2025 amendments in House Bill 40 changed the inputs on both sides of the ledger, and ...

Certificates of Merit: Texas Supreme Court Answers One Question but Leaves One Open

John R. Hawkins, Lorena D. Valle — Tue, 23 Jun 2026 09:00:02 -0500

On May 29, 2026, the Texas Supreme Court decided Studio E. Architecture and Interiors, Inc. v. Lehmberg, No. 24-0286, addressing the certificate of merit requirement in Texas Civil Practice and Remedies Code Section 150.002. The key takeaway is straightforward: when a claim against a design professional is ...

Understanding Prompt Payment on Texas Public Projects

Sean M. McChristian — Thu, 21 May 2026 09:00:03 -0500

Timely payment is essential to the success of any construction project, but it is particularly critical on public works projects, where contractors and subcontractors often operate with limited leverage against governmental entities. To address this concern, Texas has enacted the Payment for Goods and ...

Tariffs and Construction: What Duties Still Apply, and are CAPE Refunds a Silver Lining?

Thomas M. Gutting — Mon, 27 Apr 2026 09:00:04 -0500

For construction owners, developers, contractors, and suppliers, the past fifteen months of the International Emergency Economic Powers Act ("IEEPA") tariffs have landed hard on the materials portion of the business, creating chaos and confusion in project budgets and pass-through clauses. But as of April 20 ...

Texas Supreme Court Gives Settling Owners and Contractors a Second Chance at Indemnity

Cornelius M. Sweers — Wed, 25 Mar 2026 09:00:05 -0500

In a recent decision with important implications for construction contracts, the Texas Supreme Court clarified that a party that settles a claim may still pursue contractual indemnification from a non-settling party for the non-settling party’s proportionate share of liability.

In S&B Engineers & ...

Texas Supreme Court Clarifies Scope of Immunity for Contractors on TxDOT Projects

Lorena D. Valle — Tue, 27 Jan 2026 09:00:06 -0600

The Texas Supreme Court recently issued an important decision for contractors, subcontractors, and infrastructure companies working on public roadway projects. In Third Coast Services, LLC v. Castaneda, the Court confirmed that statutory liability protection under the Texas Civil Practice & Remedies Code ...

Should I File My Next Construction Case in the New Texas Business Court? Maybe. (Nov 2025 Update)

Jonna N. Summers — Thu, 06 Nov 2025 09:00:07 -0600

NOVEMBER 2025 UPDATE - THE TEXAS BUSINESS COURT'S JURISDICTION HAS EXPANDED

In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas Business ...

You Agreed to Arbitrate, but the Other Side Refuses, What Now?

Jonna N. Summers — Thu, 30 Oct 2025 09:00:08 -0500

A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate.

You have options. You can insist on your right to arbitrate by filing a motion to compel arbitration. Both ...

Lesson Learned from a Forever Arbitration – Interest on Stipulated/Contingent Settlements

Nicholas A. Simms — Mon, 29 Sep 2025 09:00:09 -0500

A recent opinion from the Fourth Circuit Court of Appeals^[1] highlighted a seemingly minor issue that can have huge future consequences: how to determine pre- or post-award interest on amounts that depend on contingent events in arbitration proceedings. From 2007 to 2008, a series of disputes arose between ...

Contingent Payment Clause Held Unenforceable due to Unfairness

Amy K. Wolfshohl — Thu, 18 Sep 2025 09:00:10 -0500

Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general ...