Dallas Austin

Are property owners allowed to testify about the cost of repairing their own property without other evidence?  The Dallas Court of Appeals recently placed some limitations in the so-called Property Owner Rule. In William Lisle and Smith-Lisle Holdings, Ltd. v. Do-Mo Joint Venture, a dispute arose between two commercial property owners when Lisle and SLH, a landscaping company, purchased the property next door to Do-Mo’s property which housed medical offices. After SLH bought the property, it removed the house from the property and began work to make improvements. The improvements consisted

Is a roofing contractor absolved of liability if the property owner allegedly fails to procure a proper builder’s risk insurance policy? The United States District Court for the Eastern District of Texas recently answered the question, no. In Taccoa, Ltd., v. North American Roofing Services, LLC, a warehouse owner, Taccoa, Ltd. filed suit against a number of defendants following damages its warehouse sustained in an August 2020 thunderstorm. Toccoa first entered a contract with North American Roofing Services (NAR) in January 2020 for the construction of a new roof on an existing warehouse.

Texas state agencies are immune from liability and suit with respect to most causes of action against it under the doctrine of sovereign immunity, including for construction contracts. This immunity applies unless expressly waived by Texas statute. The Texas Supreme Court recently addressed one of these waivers in Pepper Lawson Horizon International Group, LLC v. Texas Southern University involving a contractor asserting a state agency failed to make payment per their construction contract. The Court’s ruling in Pepper Lawson has major implications for Texas contractors doing work with Texas

Nevada recently joined two other states in banning insurance policies that erode with defense costs.  However, the Nevada law is both broader and more ambiguous than the others.  How will this law and the seemingly growing movement to outlaw eroding limits policies affect you?  Potentially, in many ways.  The Nevada statute, Nevada Revised Statute 679A, is very short and states as follows. Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provisio

Beginning September 1, 2024, new Texas courts will hear qualified, complex commercial disputes. The passing of House Bill 19 in early June 2023 created eleven trial “Business Courts” with judges that will be appointed by the Governor with the consent of the Senate.  Each Business Court will serve a specific judicial region. Additionally, House Bill 19 established the brand-new Fifteenth Court of Appeals, which will handle appeals from the trial Business Courts. To be appointed to the Business Courts, judges must have ten or more years of experience practicing complex civil business litiga