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A recurring question in the design and construction industry is, what is the liability attached to site observation visits?  Most design professionals, construction managers, and owners’ representatives include language in their contracts that they are not responsible for contractors’ means and methods or for assuring safe practices.  But do those provisions really cut off liability?  Is the end result that, regardless of what language is included in contracts, the person performing the site observation visit retains some liability for a contractor using improper means or methods, or cr

What are your legal remedies when a contractor or subcontractor places an improper lien on property?  Under what circumstances is the contractor or subcontractor liable for $10,000 for filing such a lien?  The Texas mechanic’s lien statute, found in Chapter 53 of the Texas Property Code, provides some of the answers.  Among those answers is filing a motion to remove the lien, bonding around the lien, and seeking $10,000 and punitive damages for a fraudulent lien. 1.    Summary Motion The Texas mechanic’s lien statute, in particular Texas Property Code § 53.160, allows for a “summar

With an unemployment rate now below 8% and Tesla announcing the construction of a billion-dollar assembly facility in Austin, the City of Austin is climbing its way out of the deep trough left by the novel coronavirus.  Depending on your view of Austin politics (that topic alone would consume thousands of pages), to ensure that the trend lines continue in the right direction or to make the business climate in the City even more unfriendly, the City along with Travis County have recently extended the face covering requirements and gathering-size limitations until December 15, 2020. 1.     T

Can an employer require an employee to produce a negative COVID-19 test result as a condition to allowing the employee to return to work?  When do requirements enacted out of concern about the safety of your workplace violate federal law?  To unpeel this onion, we must first look at the Americans with Disabilities Act (“ADA”).  Adding this to understanding the state and local orders regarding face masks and social distancing will surely bring tears to your eyes. 1.     Americans with Disabilities Act Under the ADA, an employer may, in general, not require tests that would disclose me

Is the answer to all your COVID-19 troubles to sue China for damages?  If so, you may be in luck.  You may also have to stand in line behind several plaintiffs who have already initiated lawsuits against China. 1.     Another Brick in the Wall In April 2020, lawsuits were filed in California, Nevada, and Missouri against the People’s Republic of China and other Chinese governmental and quasi-governmental entities related to COVID-19. The lawsuits filed in California and Nevada are both proposed class action lawsuits while the lawsuit in Missouri was filed by the State of Missouri. The p

Many employers across the U.S. continue to face legal concerns as they navigate reopening and maintaining their businesses during the COVID-19 pandemic. As of the start of August, more than 4,000 lawsuits relating to COVID-19 have been filed in federal and state courts. The most frequent claims in these suits are employment discrimination, work-from-home/leave issues, retaliation, unsafe working conditions/lack of PPE, and wage and hour claims. Class action lawsuits against employers are also rising since the pandemic began and most commonly involve unsafe working conditions and wage and hour

Feeling a little dazed and confused about the latest stimulus plans?  You are not alone.  As court challenges about the constitutionality of the President’s latest executive orders are threatened and Congress continues to try to reach a deal on the next stimulus package, you might find yourself asking, rather than exclaiming, “alright, alright, alright?” So, where exactly are we?  On Saturday, the President issued four executive orders intended to bypass the Congressional deadlock over the next stimulus bill.  The two competing bills in Congress, the House’s HEROS act and the Senat