Texas Construction Law Blog

Liquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in litigation. But Texas law on this issue is counterintuitive and can render a ...

Less than a year ago, Texas Senate Bill 219, addressing liability for construction defects due to defects in design documents, went into effect and was codified as Chapter 59 of the Texas Business and Commerce Code. Where the statute applies, it generally provides that contractors do not bear the risk of design ...

In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site.  In JLB Builders, L.L.C. v. Hernandez,^[1] the Court upheld the trial court’s summary judgment in the general contractor’s favor and dismissed the ...