Texas

Texas is Open for Construction Business

If you look up into the sky in metro areas across Texas, you will find cranes busily working among the skyscrapers. There are also...

Deflate-gate, the False Claims Act, and Dishonest Competitors

I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...

What the Contract Doesn’t Say

In reviewing contracts with our clients, we frequently advise on the various key risk management clauses in a construction contract. Terms governing payment, delays,...
Fixed Price Contract

Making Claims for Additional Money Under a Fixed Price Contract

When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...

Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...

Nailing AI

Artificial intelligence (AI) is becoming part of our daily lives, at work and at home. As the use of AI increases, so will various...
Change Orders

Change Orders Are Inevitable; Managing Them Effectively Is Not

For contractors, the normal instrument of change on a construction project is the “change order.” When entering into a contract to build or design/build...

Change Orders

By Aman Kahlon It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...

Technology and the Law

Can Digital Signatures or Emails Be Used to Create a Valid Contract? Last month, we addressed the question of whether there are limits to what...