Year: 2012

What is the “Accepted Work Doctrine”? The “accepted work doctrine,” at least in jurisdictions which have adopted it, generally insulates a contractor from liabilities for injuries resulting from the negligent construction of a condition that has been accepted by a premises owner.  In simpler terms, under the doctrine once the owner of a construction project … Continued

In January, the Texas Supreme Court heard oral arguments in MasTec N. Am., Inc. v. El Paso Field Servs., L.P., 317 S.W.3d 431 (Tex. App.—Houston [1st Dist.] July 6, 2010, pet. granted), and may soon resolve an important risk-allocation issue applicable to construction projects throughout Texas. The case concerns the enforceability of what is typically … Continued

The Texas Supreme Court recently refused to hear a further appeal in the case of Black + Vernooy Architects v. Smith, 346 S.W.3d 877 (Tex. App.—Austin 2011, pet. filed). The case concerned whether and to what extent architects performing contract or construction administration are responsible to third-party house guests injured by purely construction defects. The … Continued

Effective January 1, 2012, the Texas legislature passed a new Texas Anti-Indemnity Statute, H.B. 2093, prohibiting broad-form indemnity agreements on construction contracts entered into on or after January 1, 2012. Under the old statute, construction project participants could agree to indemnify each other even for those damages arising solely out of the negligence of the … Continued

Effective for all lawsuits filed on or after September 1, 2011, the legislature amended the responsible third-party statute, located at Chapter 33 of the Texas Civil Practice & Remedies Code. The amendment removed a controversial provision which permitted plaintiffs to join defendants to law suits even after the applicable statute of limitations had expired. The new … Continued