Dallas Austin

The 2023 Texas Legislative Session brought several important changes to residential construction. First, HB 2022, effective September 1, 2023, made several changes to the Residential Construction Liability Act (RCLA) and second, HB 2024, effective June 9, 2023, created a shorter statute of repose for qualifying contractors. Modifications to the RCLA The RCLA, Chapter 27 of the Texas Property Code, applies to “any action to recover damages or other relief arising from a construction defect, except a claim for personal injury, survival, or wrongful death or for damage to goods.” Tex. Prop. C

Recently, the Armed Services Board of Contract Appeals found that the U.S. Navy waived claims for liquidated damages and was unjustified in terminating a contractor when it allowed the contractor to miss the contract completion date and never set a new completion date.   The contractor, Consorzio Stabile GMG SCARL, was contracted by the U.S. Navy to install blast resistant doors at a facility in Bahrain. Corsorzio’s contract  required the doors would be installed no later than September 29, 2019.  Consorzio had numerous problems in obtaining the properly designed and manufactured doors,

On October 23, 2023, a final rule regarding calculation of prevailing wage rates for federal contracting work took effect.  Almost immediately afterwards, two lawsuits were filed in Texas to stop enforcement of the rule.  Why has so much attention been paid to the final rule and how does the rule potentially impact you? The Associated Builders and Contractors (“ABC”) and Associated General Contractors (“AGC”) of America recently filed suit in the Eastern District of Texas against the U.S. Department of Labor (“DOL”) to prevent enforcement of the DOL’s final rule “Updating of

As an example of how trial and appellate courts are reigning in nuclear verdicts, a federal judge in Georgia recently reduced a $135 million jury verdict to a $5 million judgment.  What was the court’s rationale and how might it impact other nuclear verdicts in other states? Shaun and Amie Harris sued Westwood Professional Services Inc. (Westwood), Silicon Ranch Corporation (SLC), Infrastructure and Energy Alternatives Inc. (IEA), and IEA Constructors, LLC (IEA Constructors), asserting claims for nuisance, trespass, and negligence for damage to their land. The Harrises alleged that SLC’s

Is a city liable for destroying a private residence in the process of releasing a hostage and preventing her captor from inflicting harm to others?  Citing case law from 1788, the United States Court of Appeals for the Fifth Circuit recently held, no. On July 25, 2020, Deanna Cook, was staying at house of her mother, Vicki Baker, in McKinney, Texas, preparing the house for sale.  Baker’s dog was also present at the home. That morning, Cook saw a Facebook post that Wesley Little was on the run with a 15-year-old female “runaway.” Cook recognized Little because he has worked on Baker’s