Dallas Austin

The recent case of Angela Harvey v. Olshan Foundation can be summed up as follows: 1) document everything, 2) keep that documentation, and 3) always provide those documents to your attorney. This was made abundantly clear when the Harvey Court reversed a dismissal of Plaintiff’s claims against Olshan. Angela Harvey bought a pre-owned home in 2013 with a disclosure from the prior owners that the foundation had been previously repaired. The disclosure, however, did not provide any information about who did the repairs (presumably Olshan), when the repairs were done, or the scope of the repairs

The new year is a time to reflect on the year that was and look to what is ahead. What did we do well? What are some areas for improvement? Part of this reflection should include assessing your company’s risk management approach. As part of this risk management assessment, it is a great opportunity to specifically review your legal claim processes and whether there is room for improvement. When you have an impending legal claim, having those processes and procedures in place can increase efficient processing of that claim, reduce stress to you so you can focus on your business, and reduce le

As of December 15, 2020, legislators have introduced 1045 bills and resolutions into the 87th Session of the Texas Legislature. Many of the bills are what one might typically expect considering the Spring filing deadline. However, there are a considerable number that are… a little different. Some of the bills, like HB745 and HB675, make accommodations for the ongoing COVID-19 pandemic and may seem strange only to people born after the pandemic subsides.  Other bills already meet that threshold.  For instance, HB580 seems worthy of the Zoom-life we have lived in 2020, which has allowed us t

During the recession of 2008-2009, contractors learned important lessons about the issue of unpredictability in the economy. There were problems with labor, supply, and financial unpredictability, which impacted contractors’ ability to timely complete projects and stay within anticipated budgets. Many times, contractors accepted projects just to keep its labor pool employed and engaged and to ensure that it could continue in operation once the economy rebounded. Predicting market conditions 6 to 8 months in the future can seem like an impossible task when changes in the economy cannot be pre

An old joke in Texas is that the drafters of the Texas Constitution made a grave error, mistakenly requiring the Texas Legislature convene for 140 days every 2 years instead of 2 days every 140 years.  As the Texas Legislature stands on the precipice of convening its 87th Session on January 12, 2021, we will begin a series of articles about bills being introduced into the Texas House or Senate that may impact the construction industry. We start our series with a look back at one of the more consequential bills, at least at it pertains to the construction industry and potential future Legislat