Subcontractors have long celebrated—and general contractors long feared—the Texas Construction Trust Fund Act, codified in Chapter 162 of the Texas Property Code. The Act, which is (ideally) construed broadly to primarily protect subcontractors, provides that payments “made to a contractor or ...
MoreAs described by my colleague Sean McChristian in Part 1 of this two-part blog series, planning for hurricane season in Texas is a critical part of mitigating risk in the construction industry. In addition to reviewing force majeure provisions, owners and contractors need to have an understanding of the ...
MoreThe Gulf Coast hurricane season runs from June 1st to November 30th each year. Because this is a known risk, many businesses prepare emergency response plans to mitigate risks to persons and property, but many of those same businesses are not prepared to mitigate economic risks arising from ongoing construction ...
MoreSubcontracts between a general contractor and subcontractor often contain a flow-down provision stating that the terms and conditions in the owner/contractor agreement (the “Prime Contract”) are also binding on the subcontractor—making the subcontractor obligated to provisions in the Prime ...
MoreRecent Posts
- Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute
- The Importance of Change Orders on Construction Claims
- Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors
- The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements
- Understanding the Texas Prompt Payment Act
- What do you mean I don’t own the plan?
- Key Considerations to Perfect Performance Bond Claims in Texas
- The Owner’s Dos and Don’ts When a General Contractor Files for Chapter 11 Bankruptcy
- The Sweeping Application of the Texas Construction Anti-Indemnity Act
- New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023
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