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Google the term “record temperature” in 2021 and you will find a swath of news about droughts and extreme heats sweeping across the country that are far from normal. 115 degrees in Portland, Oregon and 108 degrees in Seattle, Washington are hot even by Texas standards.  Extreme heat poses unusual challenges that impact all phases of a construction project, from design through final completion. Some of these challenges may be managed by designing around them, others by contracting to accommodate them, and still others by training employees to deal with them. In this article, we examine how

Even as the nation’s vaccination rate increases, vaccination requirements by employers continue to create significant legal conflicts with their employees. Houston Methodist Hospital implemented a policy requiring all employees to be vaccinated against COVID-19.  Over 150 employees objected, protested and filed suit claiming in part that the vaccine had not been fully approved by the FDA, and that they were concerned about side effects or did not want the vaccine. The Hospital responded by stating that it played a significant role in public health and safety which necessitated the vaccine p

In recent years, solar panels have taken the forefront in America’s push for renewable, sustainable energy. You may own some solar panels yourself – a few installed on the slope of your roof or a couple laying in your backyard. But what about constructing a 900-acre solar panel farm, like the proposed Bear Ridge Solar Project in Niagara County, New York? What are the various hurdles to constructing even a few acres of solar panels? We will discuss a few below. Long Project Schedules If an individual or a company is taking the leap to build a solar farm, they will need to plan everything o

The El Paso Court of Appeals recently broadened the horizon of liability for contractors who work with the Texas Department of Transportation (TexDOT) to construct or repair roads. In A.S. Horner v. Rafael Navarrette, the El Paso court took on an issue of first impression under Texas law: Does Texas law extinguish liability for TexDOT contractors only during the construction process, or does it limit their liability after construction is completed, too? The case arose from an accident which injured Navarrette, a fire-fighter and paramedic who responded to an accident one night in El Paso. Nava

The year of 2020 had employers learning and re-learning their protocol for safety in their offices and job environments. Unfortunately, it looks like 2021 will be similar. On June 4, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance as to COVID-19 vaccine requirements in the work-place. EEOC provided clarification regarding employer-required mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of employees’ vaccination information. However, there are still questions surrounding employers offering employees vaccin

In landmark legislation that seeks to reverse over 100 years of Texas case-law, the 2021 Texas Legislature passed CSSB 219 which relieves construction contractors from having responsibility for defects caused by design professionals.  The Bill states, “A contractor is not responsible for the consequences of design defect in and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications, or other design documents provided to the contractor…” The Bill also specifically prohibits the responsibility for the design of a project to be shifted from the design

The arbitration process is one that is commonly encouraged as a means to resolve disputes. It is touted as being less expensive and quicker than litigating in court and presided over by arbitrators who are experts in the area of law governing the dispute. Texas law favors arbitration.  However, a party seeking to compel another to arbitration must establish the existence of an agreement to arbitrate and show that the claims asserted fall within the scope of that agreement. As the Mainthia Technologies, Inc. v. Recruiting Force, LLC case out of the Third Court of Appeals shows, it is not enoug