Allensworth & Porter Welcomes Associate Karly Houchin

Karly has been part of the Allensworth & Porter team for the past year as a law clerk, and last week, several of our partners had the pleasure of accompanying her and her family to her swearing-in ceremony with the Honorable Todd Wong. Karly graduated from St. Mary’s University School of Law in May 2017 where she focused her … Continued

Essential eDiscovery Questions to Ask Opposing Counsel

eDiscovery costs money, and most lawyers and clients understand this. However, beyond knowing that some price tag is associated with processing and reviewing electronically stored information (“ESI”), it can be easy to get caught in the weeds when discussing the nuances of what costs how much, and why such a cost is being incurred. Negotiating … Continued

Drones: The Eye in the Sky on Construction Job Sites

Drones have made a dramatic entry into the A/E/C community over the past couple of years—producing great interest, but also raising some legal and regulatory concerns. While the Orwellian interpretation of “Big Brother always watching” tends to conjure up menacing imagery, technological advances in drones are being utilized at construction job sites to improve safety, … Continued

New Law Provides Additional Protection to Architects and Engineers

Design professionals will be pleased to hear that beginning September 1, 2017, all RFPs and RFQs published by the state will be subject to additional statutory protections for architects and engineers. The Texas Legislature recently amended Texas Government Code 2254.0031 and Texas Local Government Code 271.904 to prohibit a state agency—including institutions of higher education—from requiring … Continued

Contract Immunity Whitepaper: Amy Emerson Presents at the TCAA 2017 Summer Conference

This paper is an update of Amy Emerson’s 2016 paper on contractual immunity. It discusses the latest significant opinions applying to the Supreme Court’s decisions of the following cases: Lubbock Cnty. Water Control & Improvement Dist. v. Church & Akin, L.L.C., 442 S.W.3d 297 (Tex. 2014) Zachry Const. Corp. v. Port of Houston Auth. of … Continued

Bruington v. Pedernal: Texas Supreme Court Rules Dismissal With Prejudice Not Required After Failure to Include Certificate of Merit.

On April 28, 2017, the Texas Supreme Court resolved a conflict among several Texas appellate courts in holding that trial courts are not required to dismiss with prejudice suits for failure to include a so-called “Certificate of Merit” affidavit. Section 150.002 of the Texas Civil Practice and Remedies Code requires a plaintiff to file an … Continued

Pending Bill Could Shift Liability for Defects in Plans & Specs between Owners and Contractors

Proposed legislation in Texas may shift the default responsible party between owners and contractors for defects in construction plans and specifications. House Bill 2170 (currently parked in the House Ways & Means Committee), proposes to clarify whether the contractor or owner provides an implied warranty that construction plans and specifications are sufficient. That’s a jumble … Continued

Do Competitors Have a Right to Your Bid Documents?

The Texas Legislature is wrestling with potential legislative changes that, if passed, would substantially erode contractors’ ability to prevent disclosure of bidding information on public projects. Those changes, which consist of amendments to the Texas Public Information Act (“TPIA”), would override the Texas Supreme Court’s somewhat recent Boeing Co. v. Paxton decision.[1] In Boeing, the … Continued

A Question of Consequence: Will Allensworth Presents at the State Bar of Texas Construction Law Conference

Will Allensworth’s presentation to the State Bar of Texas Construction Law Conference considers the historical treatment of these legal terms of art, their effect on outcomes in lawsuits and arbitrations, and how to draft contracts to precisely define and allocate the risks associated with consequential damages. “It’s complicated” is the only appropriate response to a … Continued


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