Dallas Austin

Litigation can be a daunting and confusing process. As a firm specializing in construction litigation, we are often asked by our clients, particularly of those who have not been a party to a lawsuit before, how experts fit into the process. Why do I need an expert? What role will they play? A recent case from the one of Texas’s 14 courts of appeals sheds some light on an expert’s place in construction litigation. In Builder Services Group, Inc. v. Taylor, et al., the Austin Court of Appeals held that the evidence presented at trial was insufficient to support the jury’s finding that a co

At what point is it “safe” for a design professional or contractor to destroy records pertaining to a project?  Is 4 years or 7 years or 10 years after substantial completion long enough? What records should be maintained and in what form?  COVID-19 presents a novel twist on the answers to these questions. How long is long enough? It is best practice for a design professional or construction contractor to keep project records so long as professional or contractor can be sued for damages relating to that project.  In Texas, that is at least 10 years from the date of substantial completio

A tale as old as time: A supposedly “balanced” jobsite ends up requiring additional soil imports/exports, and the earthwork subcontractor performs additional work to fulfill its obligations in accordance with its contract. Is the earthwork subcontractor entitled to additional money or stuck with the agreed upon price for this additional work? The United States Court of Appeals for the Fifth Circuit recently addressed this scenario in D2 Excavating, Inc. v. Thompson Thrift Construction, Inc., et al. The D2 Excavating Court looked to the language of the subcontract in holding that the earthw

Since Texas’s businesses, schools, and courts largely closed their doors in March of this year, COVID-19’s impact and the challenges presented to our daily lives cannot be overstated. Just as businesses and schools continue to grapple with how to safely reopen (and remain open) around the State amid continued COVID-19 concerns, the courts share a similar plight in trying to get jury trials back on track. While Harris, Travis, and Bexar Counties are all experimenting and/or attempting some form of continuing jury trials, Dallas County is attempting a tangible first step in getting back to b

Be the change that you wish to see in the world, but make sure the change is in writing, signed by both parties, and does not run afoul of any contract documents. Change orders in construction projects are a necessity and, more likely than not, an inevitability. Who makes a Change order request? What goes into them? What are the procedures? We will discuss these questions and others below. 1.    What is a Change Order? Typically, a Change Order is a written instrument prepared by a contractor or a design professional and signed by the project owner, contractor and design professional, statin