Client Alerts & Publications
Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals
Authors: Tracey L. Williams,
Published Date: May 28, 2021
After several recent failed attempts to amend Chapter 53 of the Texas Property Code (the “Texas Mechanic’s Lien Statute”), it appears that long awaited relief may, at least in part, be on the horizon for subcontractors in Texas. Additionally, architects, engineers, and surveyors also appear to be significant benefactors of House Bill 2237 (“HB 2237”). Under existing law, many subcontractors [...] Read More
Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications
Authors: Paulo Flores, Timothy D. Matheny,
Published Date: May 28, 2021
The Texas Legislature has just sent Senate Bill 219 (“S.B. 219”) to the Governor for signature; if this legislation is signed by the Governor, it will further erode the Texas legal doctrine that makes the contractor the warrantor of owner-furnished plans and specifications unless the prime contract specifically places this burden on the owner. Background 49 states follow what is [...] Read More
New York’s HERO Act Requires Employers to Take Measures to Prevent Occupational Exposure to Airborne Infectious Diseases
Authors: Aaron C. Schlesinger, Jenifer B. Minsky,
Published Date: May 25, 2021
What is the HERO Act? On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“HERO Act”) (S. 1034B) into law. It is the first legislation in the country mandating permanent health and safety standards to reduce workplace transmission and community spread of airborne infectious diseases. While the law was written as a direct result [...] Read More
How the Protecting the Right to Organize (PRO) Act of 2021 Is Likely to Affect Employers Across All Industries
Authors: Aaron C. Schlesinger,
Published Date: May 19, 2021
The Protecting the Right to Organize Act of 2021 (PRO Act), passed by the United States House of Representatives on March 2, 2021, has made its way to the United States Senate. Enactment of the PRO Act would bring about the most significant changes to labor law in the United States since the National Labor Relations Act (NLRA) was passed [...] Read More
Construction Contract Setoffs and the Texas Construction Trust Fund Act
Published Date: May 18, 2021
Thomas R. Treviño, an Associate in P&A's Austin office, has written "Construction Contract Setoffs and the Texas Construction Trust Fund Act," an article for Austin Construction News. Thomas provides an overview of contractual setoff provisions, the Construction Trust Fund Act, and the inherent conflict between the two. The article can be read on page 8 here. Read More
