Dallas Austin

The Texas Legislature is set to end the session on May 31, 2021.  The following are three bills which could be of interest to contractors and construction companies. 1.    Protections from Pandemic Liability Several bills have been filed in both the house and Senate related shielding business from liability associated with the COVID-19 pandemic. HB 3 is currently pending in the House Committee and would provide liability protections for businesses operating during a pandemic so long as the business “knew of the risk of exposure or potential exposure, … made a reasonable effort to comply

The Texas Deceptive Trade Practices Act (DTPA) protects consumers from fraudulent business practices that, before its creation in 1973, had allowed unscrupulous business owners to take advantage of unwary consumers. The DTPA has been modified and changed several times since its creation by the Texas Legislature. However, one constant in the statute has been its definition of a consumer. What is a consumer under the DTPA? The DTPA defines a consumer as “an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any

The pandemic has taken the world by storm, U.S. insurers being no exception. As a result of the onslaught of business interruption claims and litigation expenses, insurance companies are revisiting and, in a few instances, rewriting some of the language in their policies. The insurers’ ultimate goal in tweaking the policies is to reduce future exposure associated with pandemic-related claims and to reduce their expenses in defending declinations of coverage. Following the SARS epidemic in 2003, many insurers began appending a virus or communicable disease exclusionary endorsement to first-pa

Cryptocurrency is a bit of a loaded term. For some, it is a fascinating form of the future incarnate. For others, just reading the term “cryptocurrency” in an article triggers an automatic reflex to click on another story. Regardless of your comfort level, the reality is that cryptocurrency is here and trending to become more and more commonplace. Two recent examples show just how prevalent cryptocurrencies have become. Exhibit A: PayPal, one of the largest online payment systems in the world, has announced that it will be launching a cryptocurrency checkout service allowing consumers to p

The Texas Supreme Court in Los Compadres Pescadores, LLC v. Juan Valdez, et al., recently explored what constitutes a dangerous condition to an improvement to property that caused a construction work-site injury. The Court also addressed the types of evidence it found conclusive in holding a property owner vicariously liable for the acts of a 1099 independent contractor. Los Compadres Pescadores, the property owner, planned to build a 4-unit condominium building on South Padre Island. A high-voltage powerline ran about 24 feet above the back property line through an easement.  It was undisput

Traditionally, March brings the beginning of Spring. Longer days, warmer temperatures, Spring break trips and opening day at baseball parks across the county. However, in Washington DC, many celebrated Spring early with the signing of the American Rescue Plan on March 11, 2021. The $1.9 trillion legislation is the third and potentially the last installment of government intervention in response to the COVID-19 pandemic. The legislation was passed on a party-line votes and President Biden signed the bill into law, kicking off a lengthy cross-country road show extolling the virtues of the Plan.

Now that Governor Abbott has opened up the State of Texas and many businesses are re-opening, keeping employees in the know about ongoing COVID-related policies and protocols is critical. The office and/or the job site looks different than when many employees last worked there over one year ago.  Ongoing education will help maintain a safe workplace and allow employees to feel comfortable returning to the physical workplace.  Here are 3 tips for educating employees on COVID-related changes to policy or protocol while or even after your business re-opens. 1.    Consistently Review and Updat