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Warren Buffett opines that “risk comes from not knowing what you’re doing.’’ This applies to our industry, as owners ask contractors to assume the risk of inaccurate contract documents and unknown or differing site conditions that may be encountered after construction begins. Texas law allows “freedom of contract’—owners can shift these risks to contractors. What happens if the contract contains unclear or contradictory language as to who is responsible for these risks? A judge or jury may decide the parties’ intent. This all-too familiar fact pattern is illustrated by MasTec North America Inc. v. El Paso Field Services LP, a
即使在当今困难的经济环境下,惠特利, the federal government is planning, funding and building projects. This may appeal to otherwise private commercial contractors and subcontractors seeking to fill the void left by the recession. Contracting with the federal government can be profitable, but it can also be dangerous for those new to the process. The following are just a few examples of complex federal contracting laws to consider and should be fully understood by before entering the world of federal contracting. Authority Structure The authority structure of the federal government is rigid and must be respected. Different government personnel
The 2009 legislative session included many new laws that will directly affect the Texas construction industry. What follows are the most important laws coming out of the recent session, as well as a few bills that may be revived in the 2011 legislative session or if the governor calls a special session later this year. WHITLEY Fraudulent Lien Statute The legislature revised this statute to afford greater protection to lien claimants. This statute gives a property owner the right to sue a lien claimant for fraud if the claimant filed an invalid lien. The previous version, as well as recent