Dallas Gerstle Snelson, LLP Austin

Achieving The Impossible: COVID-19 and Impossibility of Performance

Achieving The Impossible: COVID-19 and Impossibility of Performance

What happens when a natural event or government order makes your work impossible to complete on time or budget or at all?  What happens if a government inspector is prohibited or physically incapable from inspecting the work at critical milestones?  This question has found new-found relevance with the novel coronavirus and COVID-19 pandemic (collectively, “COVID-19”).   In the wake of COVID-19, Texas counties and cities have issued a patchwork of stay-at-home orders. The COVID-19 page of our website contains all the current stay-at-home orders. The majority of these orders deem constru
Announcing Gerstle Snelson, LLP

Announcing Gerstle Snelson, LLP

We have exciting news to share with you! As of this morning, March 9, 2020, Gerstle Minissale & Snelson, LLP is Gerstle Snelson, LLP.  Although our name is shorter, our long-standing dedication to you and our focus on the construction industry and professional liability matters remains undiminished.  The origin story, so to speak, of our name change starts a little over three years ago when Dana Minissale, one of our firm’s founding partners, decided to redirect her advocacy skills towards a slightly different audience by joining the career services office of the SMU Dedman School of L
What You Don’t Know about Additional Insured Coverage May Hurt You: 5 Tips to Avoid the Pain

What You Don’t Know about Additional Insured Coverage May Hurt You: 5 Tips to Avoid the Pain

What if there was a magical way of shifting financial responsibility for losses to another party’s insurance company? There is, though the magic is not always the good kind or, for that matter, the intended kind.  Additional insured provisions are one of the more effective forms of risk transfer among owners, contractors, subcontractors and suppliers.  Typically, the owner seeks additional insured status from the general contractor, and the general contractor from its subcontractors. Not all additional insured coverage is created equal. It is also prudent to consult local counsel when revi
3 Tips for Navigating the Texas Mechanic’s Lien Minefield

3 Tips for Navigating the Texas Mechanic’s Lien Minefield

The Texas law authorizing mechanic’s and materialman’s liens was intended as a useful self-help tool for contractors.  Unfortunately, though, the statute instead creates a minefield of procedural and substantive snares for the unwary.    Mechanic’s lien “mines” are most commonly detonated by prospective lienors who fail to distinguish between “original contractors” and “subcontractors,” don’t comply with the law’s notice requirements (particularly with regard to subcontractors), or identify a property subject to a lien inaccurately. Read forward to learn about three o