Blogs
Preserving AI-Generated Artifacts in Construction: Litigation Holds for Meeting Bots, Chats, Prompts, and Model Outputs
As artificial intelligence (AI) embeds itself across construction workflows, litigation hold obligations must evolve beyond traditional records. Project teams a
Read More »The “Proof Is in the Paper”: Day-One Documentation That Wins Construction Disputes
In construction disputes, outcomes rarely turn on who tells the better story at mediation or arbitration. They turn on who can prove it. Schedules slip, scopes
Read More »Texas Construction Contracts: New Statute Voids Out-of-State Choice of Law and Venue Provisions
Amendment to Chapter 272 of the Texas Business and Commerce Code A recent amendment to Chapter 272 of the Texas Business and Commerce Code has major implication
Read More »The Overlooked Protection Against Pay-if-Paid Provisions: Texas Business & Commerce Code § 56.052 Remains Underutilized and Still Flying Under the Radar
Post-Contractual Objection Against Pay-If-Paid Provisions The "post-contractual" objection against pay-if-paid provisions provided under the Texas Business &
Read More »Texas Lawmakers Decline to Restrict Cross-Project Payment Withholdings
Cross-Default Provisions in Texas Construction Contracts When general contractors hire subcontractors, they frequently include contractual clauses that allow th
Read More »You've Been Sued. Now what?
Managing Risk in Construction: Insurance Basics for Contractors There are inherent risks in every construction project, including workplace injuries, delays, an
Read More »Unclaimed Income Tax Deductions? Energy-Efficient Commercial Buildings Credit ("EECBC")
Section 179D Tax Deduction for Energy-Efficient Buildings When profit margins are slim, and market competition is fierce, every dollar matters. There is a littl
Read More »Contractor Backlog and Contractor’s Profit Margins in a World of Tariffs
Construction Industry Resilience Amid Tariff Challenges Despite mounting concerns over tariffs, the construction industry is showing signs of resilience. Contra
Read More »Under Texas Business and Commerce Code Section 27.01
Liability for real estate fraud extends beyond just the person who makes false representations. A little-known provision of this statute creates significant lia
Read More »It’s Not a Question of If, It’s a Question of When: Adopting AI Technology in the Construction Industry
The construction industry stands at a pivotal technological crossroads. Artificial intelligence, once limited to science fiction and experimental labs, has rapi
Read More »Texas AI Construction Forecasted for Big Opportunities; But What About the Challenges?
The Texas construction industry is set to reap the rewards of the recent AI boom. With the announcement of the $500 billion Stargate AI infrastructure project a
Read More »Update on the Prompt Pay Act
Last month I had the privilege of presenting "HOW LONG OH LORD IS TOO LONG – Delays lasting a ludicrously long time. When do I get to quit and how much, if an
Read More »When You Lack a Written Contract: Recovering Under Implied or Quantum Meruit Theories
In construction, it's common for work to begin before a contract is signed or without any written contract contemplated. Occasionally, a contractor mobilizes or
Read More »Navigating Tariffs in Construction Contracts
The construction industry is grappling with the impact of tariffs introduced during the Trump administration, which will, if not already, significantly affect m
Read More »Pending Legislation That Could Affect Lien Litigation
The 89th Texas Legislative Session began on Tuesday, January 14, 2025, and will conclude on June 2, 2025. Below are four key bills that, if approved, could affe
Read More »Zachry Dodges $1 Billion Lawsuit Providing Reminder that Waiver of Subrogation Claims Can Be Crucial
In November 2024, a bankruptcy court dismissed a $1.095 billion subrogation claim against contractors, including Zachry Industrial, Inc. In FLNG Liquefaction, L
Read More »Voiding Contract Provisions Concerning Out-of-State Governing Law and Dispute Forum Provisions: A Bill to Watch
On February 18, 2025, House Bill 2960 (HB 2960) was introduced in the Texas Legislature, seeking to limit certain provisions in construction contracts for Texas
Read More »Right to Repair in Texas: Current State & Key Debates
The Right to Repair movement is stirring up a heated debate in Texas, with significant implications for the state's construction industry. This movement aims to
Read More »Was the Cold Snap a Force Majeure?
When homeowners in a typically temperate climate find out that winter temperatures are dropping, they wrap pipes, cover plants, and drain water from their sprin
Read More »No Prompt Payment Protection in the Oilfield
Since 1999, Chapter 28 of the Texas Property Code, the Texas Prompt Payment Act, has provided prime and subcontractors alike with the ability to claim high pre-
Read More »Terminating a Contractor for Cause Under the AIA A201-2017
Deciding whether to terminate a construction contract is one of the most difficult decisions owners may face on a project. Terminating the contract is usually a
Read More »Artificial Intelligence in Construction Management
Last month we focused on wearable technology and how it is transforming the landscape of the construction industry by integrating Artificial Intelligence (AI) a
Read More »Binding Agreement by Emoji? A Tale of Caution for Less-than-Formal Communications
Consider this scenario: GC calls Subcontractor and requests pricing for change order work. In response, Subcontractor prepares a proposed change order document
Read More »The Season for Disaster Response Plans
Houston has survived, sometimes barely, the first half of the 2024 hurricane season. Is your business or project prepared for another Hurricane Beryl-like event
Read More »What are Wearables?
Technological advancements can be seen everywhere in all aspects of our everyday lives, but we rarely think about how that same technology can improve safety on
Read More »Understanding Differing Site Conditions Claims
During construction, contractors, particularly earthwork contractors and anyone specializing in underground construction, are susceptible to encountering a comm
Read More »AI-Powered Meeting Tools: Tips, Benefits and Risks
Ben Westcott recently partnered with Jade Davis of Hall Booth & Smith to present to AGC Texas Building Branch on cybersecurity risks at their annual confere
Read More »Lessons in Negotiation from the Next Generation of Construction Professionals
“We never agreed to ‘Pay if Paid’ terms.” In negotiating construction agreements, I’ll often hear positions like this from the parties. Being aware of
Read More »Equipment and Material Procurement in a Post-Pandemic Era
The post-COVID-19 Pandemic era has magnified the challenges faced by general contractors when procuring equipment and materials. Now more than ever, general con
Read More »Subcontractors: Don’t Forget About This in the Event of a Payment Dispute
Many subcontractors have taken advantage of the newly enacted Texas Property Code Section 28.0091 (now in effect for construction contracts executed on and afte
Read More »The New FHWA Greenhouse Gas Emissions Rule
The Federal Highway Administration (FHWA) recently released a new rule that could have significant impacts on infrastructure, civil and heavy highway focused co
Read More »Anticipated Values Providing Anticipated Protection
House Bill No. 3485 has successfully been added to the Government and Property Codes affecting projects with both private and governmental owners. The primary p
Read More »Texans Approval of Proposition 6 Unlocked $1 Billion for Water Infrastructure
Water policies prevailed in the 88th Regular Texas Legislative Session, with state leaders prioritizing funding for water supply projects and infrastructure. Se
Read More »The Need for Trust Fund Claim Assignment Legislation
One of the most powerful legal mechanisms a downstream party has to assure its right to payment on a construction project is the materialman’s and mechanic’
Read More »I'm Going to Need Some Assurances: The Right to Stop Work and Potential Impacts in Litigation
As mentioned above, this month’s enactment of House Bill 3485, amending Chapter 28 of the Texas Property Code, gives general contractors the right to refuse p
Read More »Texas Contractors Have New Rights Related to Unsigned Change Orders
Texas contractors and subcontractors now have a statutory right to refuse to perform additional owner-directed work under certain circumstances. Section 28.0091
Read More »2023 Legislative Update
Texas legislators met for the 88th regular session from January 10, 2023, to May 29, 2023. The following bills are expected to impact the construction industry
Read More »Are You Getting Your Money’s Worth with Third-Party Lien or Bond Service Companies?
Lien and bond law, especially in Texas, is complicated. If construction companies are not perfecting their lien or bond claims in-house, construction companies
Read More »Liquidated Damages versus Economic Disincentives… What’s the Difference?
If you work in the construction industry, you’ve seen, heard, or experienced in some way, shape, or form, liquidated damages. Simply put, liquidated damages a
Read More »I Hereby Agree to Indemnify, Defend, and Hold Harmless: Introduction to Indemnification Clauses
A standard feature of contracts, and particularly construction contracts, is what is called an Indemnification Clause. These are usually in all upper-case lette
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