Co-author: Stephanie Snyder-Zuasnabar*
In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract. The Court’s opinion reached two key holdings: (1) substantial compliance is sufficient to satisfy a party’s obligation under a contractual notice requirement; (2) however, if the contract requires written notice, then the notice must be in writing to substantially comply even when there is actual notice. This opinion is important for the construction industry because it clarifies a gray area, and unequivocally enforces contract provisions requiring written notices. This opinion illustrates the importance of complying with notice provisions and the consequences of failing to do so. The owner’s failure to comply with notice provisions deprived it of more than one million dollars in damages awarded by a jury.
Continue Reading Texas Supreme Court: Actual Notice Does Not Satisfy Written Notice Requirement