Co-author Darin Brooks *

After a company has been sued, its immediate next steps should be twofold:  consult its lawyer and notify its insurance carrier.  The carrier should pick up the defense and provide an attorney to represent the company for a claim covered by the applicable insurance policy.  The company’s current lawyer’s (who knows

*Co-author Lynn Rohland

The Texas Data Privacy and Security Act (TDPSA) is now in full effect, and this comprehensive legislation establishes stringent mandates on how consumer-related personal data of Texas residents should be collected, used, processed, sold and shared. In the construction industry, businesses that market or sell goods or services to consumers, or B2C

Co-author: Adam Leggett, Director of Government Affairs, GRPR

As the Texas legislative session approaches, kicking off on January 14, construction companies across the Lone Star State need to start gearing up for their advocacy efforts. Early engagement is not just beneficial—it’s crucial for maximizing your impact in the Capitol and shaping policies that affect

For years, there has been a state-by-state push to restrict or prohibit non-compete agreements that limit workers’ ability to take a job with a competitor after leaving their employer. This movement to boost employee mobility and wage growth has now culminated in a controversial nationwide proposal by federal regulators. On April 23, 2024, the Federal

Texas is currently experiencing one of the largest, most significant construction development projects with Samsung Semiconductor Chipmaking Facility in Taylor, Texas. According to a recent article by Justin Sayers, posted in the Dallas Business Journal this project is poised to transform into one of the largest developments in United States history. This is being accomplished

Last week I had the privilege of attending the Construction Financial Management Association Dallas/Ft Worth Chapter’s monthly membership education luncheon as a prospective member. The educational topic was Cybersecurity and the Construction Industry and presented in a panel format. The panelists were Jon Schildt, Vice President of Technology & Cyber Practice for Hub International

Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow. 

In 2011, Texas passed a law limiting such clauses in construction contracts.  Since then, Texas courts have analyzed the statute only a handful of times.

The Rule

In a nutshell, the statute

Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most state DOT specifications and federal government construction contracts. Generally, this provision provides for a change order (subject to procedural compliance) when

According to a recent ConstructionDive.com article, construction job openings soared in January 2024 marking over a 40% increase from the same period in 2023. Essentially there were approximately 120,000 more construction job openings at the end of January 2024 than 2023. Quit rates have lowered but apparently layoffs have increased. Essentially, jobs are open