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. […]
OSHA Law: Protecting Your Employees and Your Company from Employee Misconduct
OSHA’s New Construction Webpage Provides Specific Guidance for Employers in the Construction Industry
While the media is currently distracted from the Coronavirus, the economy is still struggling to reopen from the shut downs Coronavirus caused. As businesses reopen, employers are obligated under the Occupational Safety and Health Act of 1970 (“OSH Act”) to provide a safe workplace for their employees. Failure to consider and take measures to mitigate […]
The Handshake Agreement Should be a Thing of the Past…
As scholars embark on a quest to define the parameters of an acceptable handshake/handshake equivalent and American businesses return to work with a new normal, the handshake agreement should disappear in its entirety from the continuation or start of all commercial construction projects. Jobsite safety, jobsite interaction, screening/testing, the quarantine of sick or exposed workers, […]
Coverage for Business Losses – Property Damage No Longer Required?
Most commercial property insurance policies include insuring agreements that require direct physical loss or damage to covered property as the triggering event. Without establishing direct physical loss or damage, a policyholder traditionally cannot meet its burden to trigger coverage for the economic loss of business income as a result of closing its doors. Today, with […]
Three Factors to Consider When Including a Liquidated Damages Clause in Your Texas Construction Contract
It is common in Texas to find construction contracts wherein the parties agree to damages in advance of a breach of the construction contract. These are liquidated damages and a provision that contains these damages is known as a liquidated damages clause. Despite how common these clauses are, not all of them are enforceable. In […]
Executive Order GA 14 – Summary for Construction Services
Governor Greg Abbott issued a new Executive Order GA 14 relating to statewide continuity of essential services and activities during the COVID-19 disaster. The executive order supersedes any conflicting order issued by local officials in response to the COVID-19 disaster to the extent that such a local order restricts essential services allowed by the executive […]
Construction Industry Alert – Summary of the Dallas County Amended Shelter-in-Place Order
On March 29, 2020, Dallas County Judge Clay Jenkins issued an Amended Shelter-in-Place Order (the “Amended Order”). There are important changes in the Amended Order that directly impact the construction industry. The provisions impacting the construction industry can be summarized as follows: All workers and contractors must take their temperature at their residence. If a […]
Impacts on the Construction Industry from Texas’ 86th Legislative Session (Part 3 of 3)
Right to Repair Statute for Public Buildings/Works As of June 14, 2019, with certain exceptions, a governmental entity asserting a claim for damages to real or personal property caused by an alleged construction defect in a public building or public work against a contractor, subcontractor, supplier, or design professional must comply with the a new […]
Impacts on the Construction Industry from Texas’ 86th Legislative Session (Part 2 of 3)
Procurement of Contingent Fee Contracts for Legal Services by School Districts and Other Political Subdivisions Subchapter C of the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) has been revised to establish requirements for the procurement of contingent fee contracts for legal services by political subdivisions, including school districts. The prior version […]
Impacts on the Construction Industry from Texas’ 86th Legislative Session (Part 1 of 3)
Once again, reforms to Texas lien law were not enacted into law following the 2019 Texas legislative session. Bills seeking to shorten the statutes of repose applicable to claims against design professionals and contractors and to broadly limit a contractor’s liability for defects in plans and specifications also failed to pass. However, a chapter limiting […]