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Several new bills affecting the construction industry have been filed in the Texas Legislature’s current session, some of which have been filed and are in the process of being referred to committees. H.B. 2310 by Representative Canalas would require a plaintiff in a commercial construction defect cases, at the time the lawsuit it filed, to attach a sworn verification describing with particularity the alleged defects and the factual basis for why each defendant’s work is implicated.  If the pleading is insufficient, the defendant can ask that the lawsuit be dismissed. If the court finds th

What happens when an appeal is taken on the largest personal injury verdict for actual damages in Texas history?  We may never find out. In October of 2021, a jury in Harris County reached a verdict in the matter of Cruz v. Allied Aviation. Cruz was a United Airlines ramp service agent serving as a pedestrian wing walker on the tarmac of George Bush Intercontinental Airport. While working, Cruz was hit by an Allied Aviation refueling van on the tarmac and was paralyzed. During his time in the hospital, Cruz suffered a stroke because of his injuries and a preexisting condition and lost the abi

Is an employer vicariously liable for a catastrophic car accident when an employee is “coming-and-going” to work?  The Texas Supreme Court recently reaffirmed the general rule and clarified the limits of the “special mission” exception. In Cameron Int’l Corp, an oilfield worker, Mueller, completed his shift with Cameron Int’l Corp. Mueller had been assigned to the “Blue Marlin” jobsite by a contract agency looking for labor to assist Cameron with their operations. Mueller’s supervisor asked him to stay on voluntary standby for potential work at a different site the next day.

The Texas Legislature has started its 88th Regular Session and as of January 23, 2023, more than 2,150 bills and joint resolutions have been filed.  We examine a few bills that are of particular interest to the design and construction industry. SB 283 – Relating to requiring workers’ compensation coverage for employes of building and construction contractors and subcontractors Summary: Would require all contractors and their subcontractors for a public work project to be covered by workers compensation insurance. HB 1054 – Requiring classification of certain construction workers with th

Last month, a Texas jury found that FedEx Corp. retaliated against a former employee and awarded the former employee $365 million in punitive damages, $120,000 for past pain and suffering, and $1.04 million for future mental anguish. The jury was apparently more disturbed about retaliation for reporting racial discrimination than the alleged discrimination, itself, finding no discrimination had occurred. Jennifer Harris, an African American woman, started working for FedEx in 2007 as an entry-level sales representative. For nearly a decade, she was a rising star at the company, receiving sever