Latest News

HB 1053: Proposed Bill Would Reduce Construction Defect Liability Window from Ten to Five years.

02-15-2017

If you are a builder or designer in Texas, you know that you can be on the hook for design or building defects as long as ten years following the substantial completion of the building.

By: Monte James

After that, you cannot be...

Careful What You Ask For: Avoiding Loopholes and Unintended Consequences in the Recovery of Attorney Fees

01-30-2017

By: Megan Kateff Texas follows the so-called “American Rule” for attorney’s fees, under which each party is responsible for its own attorney’s fees unless the recovery is specifically provided for by either contract or...

Texas Supreme Court to Consider Whether Certificate of Merit Includes Sufficient “Factual Basis” For Claim Against Architect

08-16-2016

The Texas Supreme Court recently agreed to consider whether a certificate of merit against an architect met the legal requirement to state the “factual basis” for each of the plaintiff’s claims. In Levinson Alcoser Associates, L.P. v. El Pistolon II, Ltd., a property owner sued its architect, Levinson Alcoser, for negligence...

Austin Court Of Appeals Upholds Engineer’s Summary Judgment

02-10-2016

AUSTIN COURT OF APPEALS UPHOLDS ENGINEER’S SUMMARY JUDGMENT On December 23, 2015, the Third Court of Appeals in Austin issued its opinion in A&H Properties Partnership vs. GPM Engineering, (Tex. App.—Austin Dec. 23, 2015, --S.W.3d--, 2015 WL 9435974 (no pet. h.), affirming summary judgment on behalf of GPM Engineering based upon...

Industry Update: Important Legislation from the 84th Regular Session

09-29-2015

Although the 84^th Legislative Session was relatively quiet for the construction industry, several new laws notable to the field became effective this month. Some of these bills include: (1) House Bill 2049, which addresses the liability of design professionals who contract with “governmental agencies;” (2) House Bill 1455, which adds...