By: Kathryn Laflin As we say goodbye to 2020, we must also look towards the many changes that 2021 may bring. With COVID-19 cases still rising, vaccines being introduced, and a new President likely coming into office, 2021 is already poised to be an interesting year. COVID-19 In regard to the COVID-19 vaccines in Texas, […]
Looking Towards 2021 in the Construction Industry
Be Prepared When Accidents Strike
If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately, these accidents are a reality in the construction world and can happen even if […]
OSHRC Provides Clarification For Employers In Machine Guarding Case
Last month, the Occupational Safety and Health Review Commission provided some needed clarification for construction and manufacturing employers that should make it easier to defend machine guarding cases in the future, particularly where the employee intentionally circumvents the guard. In the case of Secretary of Labor v. Aerospace Testing Alliance, OSHRC Docket No. 16-1167, the […]
Including Non-Signatory Subcontractors in Arbitration Clauses in Construction Contracts
Arbitration is an increasingly popular forum for the resolution of construction disputes. It often provides a more predictable procedural process specially designed for the industry in light of construction-specific rules and mediation procedures enacted by alternative dispute resolution providers, such as the American Arbitration Association (AAA). Of course, there are pros and cons to private […]
Subrogation Claims and Arbitration Clauses in Construction Contracts
In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same defenses. A common defense when a loss involves a construction project is that […]
Recent Legislative Changes to the Certificate of Merit Requirements in Texas
This is a follow-up to our prior post summarizing the Certificate of Merit Requirements in Texas. In this post, we explore recent legislative changes to the certificate of merit requirements and the application of such requirements to third-party claims. Legislative Changes in Affiant Requirements In June 2019, the Texas Legislature amended the certificate of merit […]
Certificate of Merit Requirements in Texas
In order to assert a professional negligence claim in Texas against an architect, professional engineer, registered landscape architect, or registered professional land surveyor, the claimant must file a certificate of merit prepared by an outside expert when initiating a lawsuit. The purpose of this statutory requirement is to discourage frivolous claims that serve to increase […]
Residential Construction Defect Case Law Update: Homeowners Not Entitled to Attorney and Expert Fees
Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) “does not permit a plaintiff to recover attorney or expert fees in the absence of an underlying cause of action providing for the recovery of such fees.” (Mitchell v. D. R. Horton-Emerald, Ltd., 579 […]
COVID-19 Guidance for the Construction Industry in Harris County
As the number of COVID-19 cases reach 45,000 in Harris County as of July 13, 2020, which includes the city of Houston, Governor Greg Abbott has halted additional reopening phases but has been reluctant to extend the “stay home, work safe” order issued for the county in March. Abbott’s reluctance in this regard has little […]
OSHA Law: Protecting Your Employees and Your Company from Employee Misconduct
This article written by David Fisk and Darren Harrington, is a feature article in the Summer 2020 issue of the IN FOCUS Magazine published by TEXO, the Construction Association. The Occupational Safety and Health Administration (OSHA) is tasked with ensuring safe working conditions by setting and enforcing standards and providing training, outreach, education, and assistance. […]