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During the recession of 2008-2009, contractors learned important lessons about the issue of unpredictability in the economy. There were problems with labor, supply, and financial unpredictability, which impacted contractors’ ability to timely complete projects and stay within anticipated budgets. Many times, contractors accepted projects just to keep its labor pool employed and engaged and to ensure that it could continue in operation once the economy rebounded. Predicting market conditions 6 to 8 months in the future can seem like an impossible task when changes in the economy cannot be pre

An old joke in Texas is that the drafters of the Texas Constitution made a grave error, mistakenly requiring the Texas Legislature convene for 140 days every 2 years instead of 2 days every 140 years.  As the Texas Legislature stands on the precipice of convening its 87th Session on January 12, 2021, we will begin a series of articles about bills being introduced into the Texas House or Senate that may impact the construction industry. We start our series with a look back at one of the more consequential bills, at least at it pertains to the construction industry and potential future Legislat

Litigation can be a daunting and confusing process. As a firm specializing in construction litigation, we are often asked by our clients, particularly of those who have not been a party to a lawsuit before, how experts fit into the process. Why do I need an expert? What role will they play? A recent case from the one of Texas’s 14 courts of appeals sheds some light on an expert’s place in construction litigation. In Builder Services Group, Inc. v. Taylor, et al., the Austin Court of Appeals held that the evidence presented at trial was insufficient to support the jury’s finding that a co

At what point is it “safe” for a design professional or contractor to destroy records pertaining to a project?  Is 4 years or 7 years or 10 years after substantial completion long enough? What records should be maintained and in what form?  COVID-19 presents a novel twist on the answers to these questions. How long is long enough? It is best practice for a design professional or construction contractor to keep project records so long as professional or contractor can be sued for damages relating to that project.  In Texas, that is at least 10 years from the date of substantial completio

A tale as old as time: A supposedly “balanced” jobsite ends up requiring additional soil imports/exports, and the earthwork subcontractor performs additional work to fulfill its obligations in accordance with its contract. Is the earthwork subcontractor entitled to additional money or stuck with the agreed upon price for this additional work? The United States Court of Appeals for the Fifth Circuit recently addressed this scenario in D2 Excavating, Inc. v. Thompson Thrift Construction, Inc., et al. The D2 Excavating Court looked to the language of the subcontract in holding that the earthw