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
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
Orignally published in ABC Houston’s Build Houston Magazine
Construction companies spend countless hours drafting agreements requiring indemnification and insurance for their projects. These obligations are prevalent for all tiers of construction industry members— from subcontractors and suppliers, to project owners. The purpose of this article is to address some considerations in anticipation of a claim
If you have been around Texas construction in the past decade, you’ve no doubt heard about a foreman shopping his crew around. You’ve probably worried about a key superintendent or project manager taking his skills to your competitor. Maybe you have lost sleep over an estimator with a LinkedIn profile that says he is immediately
Every company, no matter the industry, relies on its name and reputation to develop customers and generate revenue. Think about the brands that dominate American culture such as Nike, Wal-Mart, Amazon or McDonald’s, then imagine those businesses without the ability to adequately protect their names, slogans and logos. No doubt the vultures would circle and
One the most litigated or disputed issues in construction is that of the change order. Almost every experienced contractor has dealt with either defending against or pursing change orders relating to additional work, time and costs since owners asking for extra or changed work in the midst of a lump sum project is not an
Since arriving in the United States the Coronavirus pandemic has taken a devastating toll on nearly every aspect of our economy. Industries such as construction have faced new hardships and challenges with workplace safety, material and supply chain logistics, labor shortages, communication and business development. As construction firms continue to weather the financial burdens
My law partner, David Gair, and I recently wrote a paper regarding the energy-efficient commercial building tax deduction (IRC § 179D). The upshot is that the Consolidated Appropriations Act of 2021 recently made this deduction permanent. As discussed in much more detail in the paper, 179D allows for a tax deduction of up to $1.80 per
The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known throughout the industry. However, the Construction Trust Fund Act (Ch. 162 of the Texas Property Code) does not contain any such prohibition. From the Act itself, it is not clear whether