Dallas Austin

On May 20, 2022, the Texas Supreme Court issued its long-awaited decision in James Construction Group, LLC. v. Westlake Chemical Corp., holding that substantial compliance with notice provisions in construction contracts is acceptable, except in one instance. If the contract requires that notice be in writing, the notice must be in writing. While the James Construction opinion has other important holdings, in this article we will focus exclusively on the Court’s application of the doctrine of substantial compliance with contractual notice requirements. The factual history of the dispute is l

Characterizing someone as an independent contractor or an employee can have significant monetary consequences.  Under the Fair Labor Standards Act (FLSA), employees are entitled to benefits including overtime pay and minimum wage. Independent contractors, however, are not. As a result, the distinction between an employee and an independent contractor can be an important determination for a business to make. Traditionally, courts have applied a multi-factor test, known as the economic realities test, to “determine whether, as a matter of economic reality, an individual is in business for him

The Miller Act, 40 U.S.C. §§ 3131-3134, governs performance and payment bond acquisition and claims on federal projects (that is, projects being constructed on US Government property, or for the US Government or any agency of the US Government). Unlike the many tricky provisions hidden in the Texas Mechanics’ Lien statute, the Miller Act is relatively simple to maneuver, but not without pitfalls for the unwary.  Under the Miller Act, contractors on federal projects must post two bonds: A performance bond and a labor and material payment bond. A corporate surety company issuing these bonds

On March 28, 2022, OSHA issued a press release notifying the public that OSHA is proposing significant changes to its injury reporting protocol. These changes impact the occupational and recordkeeping requirements found in 29 CFR 1904.41. OSHA recently posted the notice of the proposed changes on its website, seeking public comment.  The highlights of some of the proposed changes include: Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A once a year. Update the system used to d

On March 30, 2022, the General Services Administration (“GSA”) issued two new standards intended to address greenhouse gas emissions in the design and construction of federal projects. These are the first of many anticipated regulations that will be issued to reduce greenhouse gasses in the design and construction industries. The standards apply to all GSA projects, capital and small, and regardless of funding source.  For instance, they apply to paving upgrades, new construction, modernizations, and privately-financed projects.  Most significantly and immediately, they apply to the $3.4

Generally, in Texas the right to be awarded attorney’s fees is limited to whether a contract or statute provides for the recovery of such fees.  Without a right by contract or statute each party is responsible for their own attorney’s fees and there is no right to shift those fees to the losing party.  Assuming there is a statute or contract which allows a party to recover fees, how do you determine which party has the right to recover its fees? In other words, what makes a party a “prevailing party”? On April 8, 2022 the Texas Supreme Court issued its opinion in Sunchase IV Homeown

When entering into an agreement, it is important to understand its terms and provisions. Some agreements contain provisions that fundamentally affect the nature of the parties’ contractual relationship. One such provision is an “as-is” provision, which provides that the acquiring party takes the subject property in the condition it is in. An “as-is” provision can potentially have a profound effect on a party’s rights and obligations, and as such, should be identified and considered carefully when determining whether to enter into an agreement. In Richard Uribe v. Briar-Ridge, LLC,