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While the Payment Protection Plan (PPP) and the Economic Injury Disaster Loans (EIDL) have stolen the media spotlight, other financial incentives for employers to retain employees during the ongoing pandemic abound.  In the recently enacted 2021 American Rescue Plan Act, one such incentive, the employment retention credit, has received a new lease on life.  First, a brief history about the credit during the pandemic. Under the initial COVID-19 stimulus act, the $2.2 trillion Coronavirus Aid, Relief and Economic Security Act (CARES Act) signed into law a mere 12 months ago, eligible businesse

On March 3, 2021, Governor Greg Abbott announced that he will end Texas’ statewide mask mandate on Wednesday, March 10, 2021 and will allow all businesses to operate at full capacity. Abbott’s announcement comes nearly one year after Texas, county-by-county and city-by-city and ultimately State-wide, went into a strict lockdown due to the coronavirus pandemic. Executive Order GA-34 memorializes Abbot’s the end of the ask mandate and rescinds most of Abbott’s earlier executive orders issued over the past 12 months to stop the spread of the COVID-19 virus. Even with the end of the ma

On March 3, 2021, Governor Greg Abbott issued Executive Order GA-34 to provide that, in all counties in Texas not in an area with high hospitalizations: a.  there are no COVID-19-related operating limits for any business or other establishment; and b.  individuals are strongly encouraged to wear face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, but no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering. The Order, effective March 10, 2021, all

Bills are anticipated to be filed in the current Texas Legislative Session to reduce the statute of repose.  In general, the statute of repose in Texas for design professionals and contractors is 10 years from the date of substantial completion.  There are means of extending the repose period even further. The bills introduced in the last Legislative Session and anticipated to be filed in the current one aim to reduce the period to 7 years or less.  But, what does it mean and why does it matter? 1.    Limitations v. Repose Claims against design professionals and contractors relating to co

When winter storms created a state of emergency in all of Texas’ 254 counties, causing the lights, water, and heat to go out when they were needed the most, many Texans began looking for someone to blame.  The Electric Reliability Council of Texas (ERCOT) has become the favorite scapegoat of the moment. In the days since Texas began to thaw out, several lawsuits have been filed against ERCOT, ranging from class-actions to a wrongful death suit regarding an 11-year old boy who died of hypothermia in his own home. With the spotlight on ERCOT more than ever, questions have been raised about th

The premise is simple–infrastructure should be “resilient”. The practice is more difficult.  Since Hurricane Sandy, a significant amount of research has been conducted on designing and constructing “resilient” infrastructure.  Almost all of the research has focused on increased surface temperatures of the earth and associated increased risks of flooding and catastrophic rain events, such as Hurricane Harvey.  Little attention has been paid to increased probability of extreme cold weather events precipitated by disruptions in Artic weather patterns. But as the Texas Valentine�

The Texas Legislature is underway and heading towards May 31, 2021, when the Regular Session will end.  We are also fast approaching the deadline by which bills and resolutions, other than local and emergency bills, must be filed which is March 12, 2021.  Here are three pending pieces of legislation which may be of particular interest to members of the construction industry. 1. Contractor Liability SB 219 – Civil Liability and Responsibility for the Consequences of Defects in Plans, Specifications, or Related Documents for Construction and Repair of Real Property Improvements (Companion Bi