Dallas Austin

With the passing of HB 2237 in the past Legislative session, impactful changes to Texas mechanics’ lien laws, found in Chapter 53 of the Texas Property Code, will go into effect for construction contracts entered into on or after January 1, 2022. Below are some, but not all, of the revisions to Chapter 53. § 53.003 If the deadline for providing statutory notice falls on a Saturday, Sunday or legal holiday, the period now extends to the next day that is not a Saturday, Sunday, or legal holiday. § 53.021 Removes the requirement that an architect, engineer or surveyor provide services “u

Due to the complexity of construction and the specialized knowledge required to determine the cause for alleged damages, construction litigation is driven in part by experts. An expert’s testimony is crucial as it assists the trier of fact in understanding the alleged defects or delays and the causation theories being advanced by parties. Because of the high deference that triers of fact give to expert testimony, related evidence is highly scrutinized and held to a very high standard. In West Inland Energy, Inc. v. Rockwater Energy Solutions, Inc., the Eastland Court of Appeals reviewed a di

On September 9, 2021, President Biden ramped up COVID-related safety protocol in two areas by requesting that: 1.   The Safer Federal Workforce Task Force (“Task Force”) prepare increased safety protocols for federal contractors which should include mandatory vaccinations; and 2.   The Department of Labor issue temporary rules that will require employers of 100 or more employees to require vaccinations. The Task Force was created in July 2021 to provide oversight to the development and implementation of COVID-19 workplace safety plans across the federal government.  In the brief time si

After three rounds of deliberation, the Fifth Circuit finally issued its ruling earlier this month in Hewitt v. Helix Energy Solutions Group, Inc. et al., a case with broad implications for employers with both exempt and non-exempt employees as defined by the Fair Labor Standards Act (“FLSA”). The Hewitt Court considered the case of an offshore rig worker who was paid over $200,000 annually and held that his employer did not satisfy the “salary basis” element to qualify the worker as an exempt employee because his pay was calculated on a daily basis. The FLSA requires that overtime mus

With start-up businesses or any endeavor in its beginning phases, the phrase “fake it till you make it” is often used as a phrase of encouragement. This phrase is taking on a new meaning as the trial begins of Elizabeth Holmes, a person at the center of Silicon Valley’s biggest scandal in recent history. Holmes, once the world’s youngest, self-made, female billionaire and former CEO of Theranos, faces charges for ten counts of wire fraud and two counts of conspiracy to commit wire fraud, up to twenty years in prison, and payment of potential fines and restitution. The charges are based

In July, President Biden issued Executive Order 13991, creating the Safer Federal Workforce Task Force to oversee the development and implementation of agency COVID-19 workplace safety plans across the federal government. The Task Force has created protocol for federal employees, contractors and visitors working inside federal buildings or on federal lands or controlled areas that seemingly implicate construction contractors and subcontractors. After the Food and Drug Administration (FDA) gave full approval of the Pfizer COVID-19 vaccine, President Biden’s administration took additional step

While COVID-19 and its variants continue to sweep across the state, causing hospital bed shortages and debates about personal freedom, Texas courts find themselves in the middle of a legal battle regarding the executive power of local governments versus the executive power of Governor Greg Abbot. On July 29, 2021, Governor Abbott issued Executive Order GA-38 pursuant to his powers under the Texas Disaster Act, which gives him broad powers to “issue executive orders having the force and effect of law” in disaster situations, such as COVID-19 has been declared. GA-38 was a sweeping proclamat