By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1, 2021. Unlike all but one State, for over a century Texas common law...
Construction contractor entitled to summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages. Owner argued that Contractor can be held liable...
In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an “agent” of the Owner. The project agreements did not contain any...
Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties sued each other over the payment dispute. The subcontractor then...
Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium complex. The suit was for damages from cracking concrete and various...
In reviewing and negotiating design professional contracts our office often sees contract clauses stating that the design professional must design a project to meet the client’s budget and that, if bids come in over the budget, the Owner may require the design firm to...
GC and its subcontractor disagreed over whether the scope of work of the subcontract required the Sub to remove all pavement in a parking lot or only the concrete portion of the pavement. The bidding documents described the work of subcontractor bidders to include...
GC barred from recovering from the surety for damages allegedly incurred due to faulty work of subcontractor because it failed to meet the conditions precedent to the performance bond responsibility. The surety bond expressly provided that obligations of the surety...
When a swimming pool builder was sued by an individual that suffered injury in the pool that the builder contracted with the health club to design and construct. The complaint alleged negligent design. The builder tendered the claim to its commercial general...
The economic loss rule required the court to dismiss a negligent suit by a commercial property owner/developer against a subcontractor. Court explained that parties generally do not owe each other a duty of care to prevent economic loss. The owner contracted with a...
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