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On November 5, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS) mandating that employers with 100 or more employees ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis (every 7 days). The ETS requires compliance by January 4, 2022 with important disclosures required in early December 2021.  Notably, the United States Court of Appeals for the Fifth Circuit issued an order over the weekend staying the ETS until further briefing is submitted and arguments heard. The ETS

In a decade, 3D printing has already innovated several industries, from medical implants to engineering, to aviation. The technology is achieving the unthinkable in construction such as 3D printing a house in under 24 hours. In Austin, two 3D-printed homes at the East 17th Street Residences development were sold in March and the two others in the development are on the market. The 3D industry is projected to grow to over a $30 billion annually by 2024, with much of that boom projected to be in construction.  While much of the past growth of 3D printing has not been in large commercial const

Texans are scheduled to vote on November 2, 2021 on whether to pass or reject 8 proposed amendments to the Texas Constitution. The Texas Constitution was originally drafted in 1876 and has been amended 507 times over the years.  During this past 2021 Legislative session, 218 constitutional amendments were proposed of which 8 obtained the necessary support to be placed on the November 2nd ballot for public voting.  To be placed on the ballot, each proposed amendment was required to secure the approval of two-thirds of both the Texas House and Texas Senate. To become amendments to the Texas Co

Chinese real estate developer Evergrande has been in the financial headlines for several months now, which has spawned many questions about the situation. Who is Evergrande? Is this a “2008 Lehman Moment” for China? Will the Chinese government bail them out? Will this affect American investors? However, the financial and economic press have not tackled a question that may be on the minds of many American developers, contractors, and suppliers: If Evergrande goes under, what will happen to our already stressed global supply chains? For a bit of background: Evergrande has been described as a

With the impending issuance of regulations from the Department of Labor mandating employees of large employers and all federal contractors receive one of the approved COVID-19 vaccines, one particularly thorny question is how to determine whether an employee is subject to a religious exemption to the mandate. Must the liturgy of the employee’s religion expressly disavow all vaccines or will an individual’s idiosyncratic religious beliefs suffice?  And, who makes the decision whether the employee’s religion is an “accepted” one?  The recently filed case by a professor and student at

With the passing of HB 2237 in the past Legislative session, impactful changes to Texas mechanics’ lien laws, found in Chapter 53 of the Texas Property Code, will go into effect for construction contracts entered into on or after January 1, 2022. Below are some, but not all, of the revisions to Chapter 53. § 53.003 If the deadline for providing statutory notice falls on a Saturday, Sunday or legal holiday, the period now extends to the next day that is not a Saturday, Sunday, or legal holiday. § 53.021 Removes the requirement that an architect, engineer or surveyor provide services “u

Due to the complexity of construction and the specialized knowledge required to determine the cause for alleged damages, construction litigation is driven in part by experts. An expert’s testimony is crucial as it assists the trier of fact in understanding the alleged defects or delays and the causation theories being advanced by parties. Because of the high deference that triers of fact give to expert testimony, related evidence is highly scrutinized and held to a very high standard. In West Inland Energy, Inc. v. Rockwater Energy Solutions, Inc., the Eastland Court of Appeals reviewed a di