Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs

by Kent Holland | Aug 20, 2021 | Newsletter Article

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...

Summary Judgment where Insufficient Expert Testimony to Prove Negligence

by Kent Holland | Aug 20, 2021 | Newsletter Article

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...

Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification

by Kent Holland | Aug 20, 2021 | Newsletter Article

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...

No Insurance under CGL Policy for Contractual Dispute

by Kent Holland | Jul 27, 2021 | Newsletter Article

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...

Economic Loss Doctrine Inapplicable to Condo HOA suit

by Kent Holland | Jul 27, 2021 | Newsletter Article

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...

Be Careful about Responsibility for Defective Cost Estimates in Current Environment of Price Spikes and Supply Shortages

by Kent Holland | Jul 27, 2021 | Newsletter Article

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...