With the recent conclusion of the biannual sprint that is the Texas Legislative session, Gov. Greg Abbott has started signing bills, including two that affect the construction industry: one in the area of construction defect...more
6/24/2025
/ Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
General Contractors ,
Government Agencies ,
Governor Abbott ,
Legislative Agendas ,
New Legislation ,
State Legislatures ,
Subcontractors ,
Texas ,
Trust Funds
As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario:
You are a general/prime contractor. You have a...more
6/17/2021
/ Arbitration ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Data Security ,
Dispute Resolution ,
E-Signatures ,
Electronic Communications ,
General Contractors ,
Online Contracts ,
Subcontractors
In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic...more
7/31/2019
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Construction Industry ,
Construction Litigation ,
Due Process ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Subcontractors ,
Vacated
During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more
11/2/2018
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Damages ,
Delays ,
General Contractors ,
Materiality ,
Subcontractors ,
Subcontracts ,
Suppliers ,
Termination for Default ,
Unpaid Wages ,
US Army Corps of Engineers ,
Wrongful Termination
The Army Corps of Engineers (the “Corps”) retained Merrick Construction, LLC (“Merrick”) to perform work on a hurricane protection levee near New Orleans, Louisiana. The contract between the Corps and Merrick contained...more