Dallas Austin

The Texas Legislature convened on January 12, 2021 and will run through May 31, 2021. Below are three of the proposed legislative bills which will be of interest to contractors: Senate Bill 219 – relating to civil liability and responsibility for the consequences of defects in the plans, specification or related documents for the construction or repair of an improvement to real property. Texas is one of only two states where a contractor may bear the liability for defects in construction that are based on construction documents prepared or procured by the owner or the owner’s agent or desi

The recent case of Angela Harvey v. Olshan Foundation can be summed up as follows: 1) document everything, 2) keep that documentation, and 3) always provide those documents to your attorney. This was made abundantly clear when the Harvey Court reversed a dismissal of Plaintiff’s claims against Olshan. Angela Harvey bought a pre-owned home in 2013 with a disclosure from the prior owners that the foundation had been previously repaired. The disclosure, however, did not provide any information about who did the repairs (presumably Olshan), when the repairs were done, or the scope of the repairs

On December 27, 2020, President Trump signed the into law the “Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act.” It is better (and easier) known as the Payment Protection Plan Part 2, of simply PPP2.  The legislation was included as part of a massive 5593-page federal budget. The PPP2 opens the door for additional assistance to small businesses struggling during the COVID-19 pandemic by appropriating more than $284 million for small business loans. The loans are available through March 31, 2021 or until the funds are exhausted. Loans made under the PPP2 will be availa

The new year is a time to reflect on the year that was and look to what is ahead. What did we do well? What are some areas for improvement? Part of this reflection should include assessing your company’s risk management approach. As part of this risk management assessment, it is a great opportunity to specifically review your legal claim processes and whether there is room for improvement. When you have an impending legal claim, having those processes and procedures in place can increase efficient processing of that claim, reduce stress to you so you can focus on your business, and reduce le

It has taken Congress and the President a while, but on December 27, 2020, the new, $900 billion COVID stimulus bill was signed into law.  The law extends some of the protections that have been in place during 2020 and adds others, including: Direct stimulus payments; Renewal of unemployment benefits; Renewal of the Paycheck Protection Program (“PPP”); Funds to equip schools with protection equipment; Extension of tax deferred payments; Extension of eviction ban and rental assistance; Nutrition assistance including assistance to food banks; and Funds for vaccine development and distrib

The first trucks carrying a vaccine to COVID-19 left Pfizer in mid-December 2020. As the government calls it, “Operation Warp Speed” has begun. A vaccination for COVID-19 is being distributing all over the country and in the coming weeks will be available for use by the average American worker. Given the significant impact that COVID-19 has had on workplaces, employers may consider imposing mandatory COVID-19 vaccination programs depending on their respective industries, work environments, and cultures. If the employer does not impose mandatory COVID-19 vaccination of its employees, then i

Though it is sometimes hard to imagine as we suffer through the worst of COVID-19 pandemic, 2021 will likely usher in the full reopening of more businesses and office spaces. Coinciding with this milestone event, the Occupational Safety and Health Administration (OSHA) will soon be increasing workplace inspections and carrying out in-person enforcement of coronavirus-related guidance The Congressional 2021 budget suggests that an additional $12.7 million in funding will go toward hiring more OSHA Compliance Safety and Health Officers to facilitate the increase in inspections. Based on OSHA’s