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
*As published in the April/May 2024 issue of Build Houston Magazine
It never hurts to stop and take a minute to read what you are signing. This is especially true when entering into a contract with a new customer, vendor or on a new project. Your company (and your attorney) will thank you later.
Subcontractors
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
If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors and suppliers to pursue additional remedies including penalty interest, attorneys’ fees and suspension of performance.
The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount. With H.B. 3485, the Texas legislature has now extended this right when the contractor or subcontractor is waiting on large dollar value change orders.
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
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