Dallas Gerstle Snelson, LLP Austin

Gerstle Snelson Earns Three Regional Tier 1 Rankings in Best Law Firms 2027

Gerstle Snelson Earns Three Regional Tier 1 Rankings in Best Law Firms 2027

Our Dallas office has received Regional Tier 1 rankings in the Dallas/Fort Worth region in three practice areas in the 2027 edition of Best Law Firms®. These three areas make up most of the work our Dallas construction lawyers do. We represent owners, developers, general contractors, subcontractors, and design professionals on contracts, payment disputes, defect claims, and professional liability claims, from the first draft of a contract through trial. 2027 Best Law Firms Rankings Our firm received top honors for: Regional Tier 1, Dallas/Fort Worth: Construction Law Regional Tier 1, Dallas
View of a luxury swimming pool in the UK

No Duty to Defend in Alkali Silica Reaction Cases

In June 2026, Judge Pittman for the United States District Court for the Western District of Texas granted summary judgment for an insurer, finding that the insurer did not have a duty to defend four “concrete cancer” cases in Austin. The Court in FCCI Insurance Company v. Easy Mix Concrete Services, Inc., Cause No. 1:23-CV-1433-RP (W.D. Texas, June 1, 2026) held that the silica exclusion in the policyholder’s commercial general liability (CGL) insurance policy in tandem with an extrinsic statement the policyholder made in a separate legal proceeding took the four homeowners’ claims ou
Papers with arbitration agreement and a pen.

Third-Party Beneficiary Can Compel Arbitration

In October 2026, the Texas Supreme Court clarified the category of third-parties that may enforce arbitration agreements. In UATP Management, LLC, et al. v. Geter, Cause No. 24-0905, 2026 WL 3090324 (Tex., Oct 16, 2026), the Court held that dispute resolution clauses which do not specifically name third parties may nonetheless be enforced by them when the clauses are mechanisms to enforce the benefits conferred elsewhere in the agreement. Before addressing the third-party issue, the Court reviewed several other principals and holdings regarding arbitration agreements, clarifying them along the
Floodwaters Swamp Rural Communities Following Heavy Monsoon Rains

No Duty to Homeowners for Incorrect House Elevations

On October 9, 2026, the Houston Court of Appeals evaluated whether a developer and its engineer owed or breached a duty to homeowners to prevent flooding during Hurricane Harvey. In Locke, et al. v. The Woodlands Land Development Company, LP, et al., Cause No. 01-22-00827-CV, 2026 WL 3030616 (Tex. App.—Houston [1st Dist.], October 9, 2026), the Court confirmed  summary judgments granted at the trial court level, dismissing the homeowners’ claims for negligence, gross negligence and negligent undertaking against all the defendants. Negligence Requires Duty and Breach of the Duty Fundamenta
Cost-Effective Strategies for Construction Disputes

Cost-Effective Strategies for Construction Disputes

event Construction disputes can quickly raise costs, delay work, and disrupt projects. But litigation is not the only path forward. Join AAA Construction Director Kate Raum and panelists Lee Shidlofsky, Carson Fisk, FCIArb, and Maria Moffatt for a one-hour, in-person discussion on practical strategies for resolving construction disputes early. Date: Thursday, October 29, 2026 Time: 7:45 to 8:45 AM Central Location: Gerstle Snelson, LLP, 4005 Spicewood Springs Rd, Bldg C, Ste. C300, Austin, TX Complimentary CLE and breakfast Designed for in-house and outside counsel, the program covers early di
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Texas Supreme Court Clarifies Certificate of Merit Procedure

On May 29, 2026, Texas Supreme Court clarified an important procedural issue involving the Certificate of Merit requirement under Texas Civil Practice and Remedies Code § 150.002 that affects claims against architects, engineers, and other licensed or registered design professionals. In Studio E. Architecture & Interiors, Inc. v. Lehmberg, 741 S.W.3d 67 (Tex. 2026), the Court held that when claims are dismissed without prejudice for failure to file a Certificate of Merit, those claims may be reasserted through an amended petition—rather than a newly filed lawsuit—provided the underlyi
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All Tornados are Windstorms, But not Vice Versa

Recently, the Texas Supreme Court examined in Privilege Underwriters Reciprocal Exchange v. Mankoff, 733 S.W.3d 1 (Tex. 2025), whether a tornado is a windstorm. The Dispute The Mankoff’s suffered a loss of their home due to a tornado.  Privilege Underwriters Reciprocal Exchange (PURE) accepted the claim and paid for damages, but claimed there was a higher deductible because the tornado was a windstorm.  The term “windstorm” was not defined by the insurance policy.  The Mankoffs claimed that the term windstorm was distinct from a tornado and because the word “tornado” was not used