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Is a tenant justified in terminating a lease for a build-to-suit building when unidentified odors prevent beneficial occupancy? In Wise Development, LLC v. General Services Administration, the United States Civilian Board of Contract Appeals (CBCA) recently held, no. How did the CBCA reach that conclusion and what lessons does it provide for other projects in the federal government and civilian sectors? In Wise Development, the GSA entered into lease with Wise a build-to-suit, single tenant building in Hickory, North Carolina for use as a service center by the U.S. Social Security Administrati

Can an insurer seek to escape liability for denial of a settlement demand under the Stowers doctrine by filing a declaratory judgment action in federal court after the jury has already rendered a verdict in excess of the settlement demand and insurance policy limits? In July of 2024, we reported that at least one court thought that the insurer could. https://www.gstexlaw.com/policy-limits-demand-not-stowers-demand/ However, the United States Court of Appeals for the Fifth Circuit recently reversed that ruling. As a refresher, in Golden Bear Insurance Company v. 34th S&S, L.L.C. d/b/a Concr

The 2025 Texas Legislative session is in full swing. What bills are the Texas Senate or House currently considering that potentially impact the construction industry? We discuss a few.  Securing Reserved Funds/Retainage.  S.B. 1612 by Sen. Nathan Johnson/H.B. 3287 by Rep. Keith Bell.   Under Texas’ lien laws, Chapter 53 of the Texas Property Code, non-public property owners are required to reserve 10 percent of the contract price until the completion of a construction project. Known as reserved funds (previously known as retainage), each payment application submitted by a contractor

Does a “follow-form” excess insurance policy mean that it must follow the form of the underlying, primary insurance policy? According to the Texas Supreme Court, not necessarily. In The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc. et al., the Texas Supreme Court examined whether a follow-form excess insurance policy must cover a policyholder’s defense costs after the primary insurance policies had exhausted. The coverage dispute arose from a drilling-rig incident that led to multiple lawsuits which the policyholder, Patterson, and its insurers settled after extensive lit

Is an empty head, but pure heart a legal defense to using generative artificial intelligence to do your work? For attorneys, the answer has been and continues to be, no. Two recent cases illustrate why. In February 2025, U.S. Magistrate Judge Mark Dinsmore for the U.S District Court for the Southern District of Indiana in Mid Central Operating Engineers Health and Welfare Fund v. HoosierVac, LLC, recommended that Rafael Ramirez, a Texas attorney, be sanctioned $15,000 for relying entirely on generative AI to perform legal research. After the Magistrate Judge was unable to find a case that Ram