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Top Cases Every Construction Lawyer Should Know
By Megan R. Kateff, Jordan T. Rhodes, and Robert W. Derner
Presented to the Construction Law Foundation of Texas’ Basic Course in Texas Construction Law
This paper endeavors to identify and brief the most important aspects of the “top cases every construction lawyer should know,” focusing primarily on heavily cited Supreme Court of Texas opinions (and a few courts of appeals’ decisions as well). Some of these opinions have been around for some time, and this paper does not endeavor to reference or identify every case that may interpret the opinions briefed within—rather, the paper should be used as a starting place. That said, the below cases are still heavily cited by construction lawyers and discuss important concepts that every construction lawyer should be familiar with, including the interpretation of different contractual provisions, measures of damages available in construction disputes, the boundaries of common causes of action in construction disputes, and important doctrines like the Economic Loss Rule. While not fully briefed, the end of this paper also identifies several cases worth honorable mention. The author encourages the reader to review these cases independently and continue to cite check them as time goes on.