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Texas Shortens Cut-Off Date for Suits Against Homebuilders Who Provide a 6-Year Written Warranty

Authors: Kim Altsuler,

Published Date: June 19, 2023

Summary of the new law as it pertains to builders of new homes: The existing 10-year statute of repose for builders of new homes (the ultimate cut-off date for filing suit) has been shortened to 6 years if the builder provides a 1-2-6 written warranty (1-year workmanship and materials; 2-year plumbing, electrical and HVAC; 6-year structural). Extended time to bring [...] Read More

Payment Bonds

Authors: Kellie M. Ros,

Published Date: June 15, 2023

This article was written for the Texas Contractor and first appeared here. A payment bond guarantees payment of subcontractors, laborers, and suppliers on a project. Payment bonds are required on public projects for prime contracts (the contract between the general contractor and governmental entity) greater than $25,000. But they are common on private projects as well, where they not only [...] Read More

Deescalating Hyper Escalation

Published Date: June 5, 2023

Paul F. Williamson, senior associate in P&A’s Washington, D.C. office, has written "Deescalating Hyper Escalation," an article for Construction Executive. This article discusses how legislation at the federal and state levels would address record materials price increases in public procurement. The full article can be read here. Read More

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