A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful to first understand the concept of subrogation itself.

What is Subrogation?

Subrogation is an equitable

In 2023, the Texas Legislature made several significant changes to the laws governing homebuilders. Among these was the amendment to Chapter 16 of the Texas Civil Practice and Remedies Code, which shortened the statute of repose on residential construction projects from ten to six years. This post takes a closer look at why the Legislature

Co-author Ryan Breen*

What happens when a property owner looks a subcontractor in the eye and promises to cover the general contractor’s unpaid bills — but never puts it in writing? According to the Dallas Court of Appeals, that promise is worth nothing. In Lone Star Concept Solutions d/b/a True Colors Painting v. Texas Green

In Texas, business decisions such as moving funds between projects, paying one vendor before another, or transferring equipment to a related entity can potentially trigger serious civil and even criminal liability under two Texas statutes: the  Texas Construction Trust Fund Act (“CTFA”) and Texas Uniform Fraudulent Transfer Act (“TUFTA”).  Together, these

The construction industry is once again facing a familiar challenge. Specifically, geopolitical conflicts translating directly into higher project costs, price volatility, and contractual disputes. The ongoing war involving Iran and the continuing disruptions to shipping traffic through the Strait of Hormuz have sent shockwaves through energy markets, international shipping, and construction supply chains worldwide.

For

Fallout from Learning Resources, Inc. v. Trump.

Companies now have a clearer path to seek refunds following the U.S. Supreme Court’s recent decision invalidating more than $170 billion in tariffs assessed under the International Emergency Economic Powers Act (“IEEPA”). For background, read this article. While the Supreme Court’s majority opinion did not

What tariffs remain in effect and are importers entitled to a refund?

These two questions are front of mind following the United States Supreme Court’s February 20, 2026 decision in Learning Resources, Inc. v. Trump. The decision held that the Trump Administration is not authorized to impose tariffs under the International Emergency Economic Powers