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

With COVID-19 vaccines seemingly on the horizon, employers may be tempted to require all employees to get vaccinated with an FDA-approved serum to maintain a safe workplace for all employees.  Before implementing such a requirement, however, employers should consider and balance several important factors. Consideration No. 1: Can an employer require employees to obtain a COVID-19 vaccine a condition to returning to work? The answer in Texas is Yes and No. Texas is an at-will employment state, allowing employers to establish conditions of employment. Employers can set health and safety conditi

All businesses and workplaces, including construction sites, are subject to periodic inspections by The Occupational Safety and Health Administration, more commonly known as OSHA. Violations of OSHA standards may come at a price as inspections can result in a citation for a violation of an OSHA standard and oftentimes, costly civil penalties which accompany certain types of citations. A variety of events can trigger an OSHA inspector to visit your worksite including, employee complaints, referrals, targeted inspections, follow-up inspections, potential hazards at your work site that an inspect

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

How the world has changed since March 2020. An unseen virus, a global pandemic, high infection rates, hospitalizations, and death. We have previously reported in prior blogs the various county orders and their impact in the construction industry. In an effort to address public safety specifically aimed at reducing the infection rate in El Paso County, El Paso County Judge Ricardo Samaniego signed Order No. 13, effective October 29, 2020. The stay-at-home Order expires on Wednesday November 11, 2020 and contains some of the most restrictive requirements of any recent emergency order in Texas, s