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Texas Supreme Court Rules That Subsequent Purchaser of Home Is Bound by Original Homeowner’s Arbitration Agreement With Builder

Authors: Kim Altsuler,

Published Date: May 22, 2023

In a new opinion Lennar Homes of Texas Land and Construction, Ltd., et al. v. Kara Whiteley, Cause No. 21-0783, 66 Tex. Sup. Ct. J. 8740, issued May 12, 2023, the Texas Supreme Court partially reversed two lower court decisions and held that an arbitration provision contained in the original homeowner’s contract with the builder was binding on a subsequent [...] Read More

The Construction Trust Fund Act

Published Date: May 15, 2023

This article was written for the Texas Contractor and first appeared here. “Robbing Peter to pay Paul,” that’s a phrase that is all too common in the construction industry. If a contractor or subcontractor gets behind financially, they may use today’s progress payments to pay debts on another earlier project. Chapter 162 of the Texas Property Code is designed to protect [...] Read More

Best Practices for Implementing the New Buy America Requirements

Published Date: May 15, 2023

For years, infrastructure contractors have dealt with Buy America legislation that required products used on certain projects to contain a designated percentage of iron and steel produced within the United States. Historically, this legislation differed from “Buy American” legislation in that it only applied to iron and steel and did not apply to other construction materials on the project. On [...] Read More

Legal Q&A: Sub ‘Volume’ Discounts and Extras

Authors: Levi W. Barrett,

Published Date: May 12, 2023

Levi W. Barrett, co-managing partner of P&A’s New Jersey office and chair of the firm’s Contracts, Project Documentation, and Risk Management practice was recently featured in The Construction Broadsheet‘s latest “Legal Q and A” to answer questions about sub 'volume' discounts and extras. The questions included: A subcontractor gave us a reduced price for a package of several projects, but [...] Read More

Waiver in Construction Contracts

Published Date: April 1, 2023

This article was written for the Texas Contractor and first appeared here. No one wants to waive their rights. Contractors certainly don’t. But waiver is a common concept in contract law. Contracting parties can waive rights afforded a contract or statute. That makes waiver an important issue for both parties to a construction contract. This article will briefly cover waiver and [...] Read More