HomeCategory Construction Defect

Construction defect claims are becoming more expensive for Texas homebuilders and developers. Rising repair costs, aggressive courtroom strategies, large jury verdicts, and claims involving many homes can put an entire project, or even a business, at risk. The best time to manage that risk is before construction begins. Well-written declarations, bylaws, covenants, maintenance agreements, and...

Across the nation, builder confidence in new single-family home sales had been trending downward for months, though builder sentiment has begun to rise, and those in Texas fare better than much of the rest of the United States. However, consumers are still wary, largely due to economic concerns. The major metropolitan areas in Texas, including...

The Federal Acquisition Regulations (FAR) Council has been reviewing and updating its guidance on government procurement in recent months in an effort to streamline rules and procedures following an executive order by the Trump Administration. Contractors must follow these rules to successfully bid for jobs, acquire goods and services, and secure contracts. Fee, Smith &...

The Supreme Court of Texas has held that a defendant need not be in privity with the Texas Department of Transportation (TxDOT) in order to be able to assert the defense that the contractor is in compliance with contract documents material to the condition or defect that proximately caused personal injury, property damage, or death....

Construction disputes may arise from missed deadlines, unpaid bills, or accidents where workers get hurt. Liability falls on the party who failed to fulfill a legal obligation, yet getting to the bottom of things can be confusing and require experienced guidance.   In this post, the Texas construction defect and injury attorneys at Fee, Smith &...

Plaintiffs and defendants often attempt to argue that they are not bound by the arbitration agreements contained in the contracts they sign. The Texas Supreme Court recently issued two opinions that benefit both builders and developers who wish to enforce the terms of arbitration agreements. Many lawyers have long used a litigation strategy for construction...