Gerstle Snelson, LLP

What if you or your company are arbitrating a dispute and the need arises to join parties or individuals who are not parties to the contract that got you into arbitration in the first place or have downstream contracts without arbitration provisions or otherwise conflicting dispute resolution provisions? We provide a guide. https://buff.ly/4igNMyI

We are entering an era (again) of highly variable costs of construction labor and material. This time, however, it is not pandemic driven, but related to the massive rebuild after the California wildfires and new tariffs and Executive Orders issued by the Trump Administration. How can price escalation clauses soften the blow to your bottom line? https://buff.ly/3D9MkPC

What bills have been filed in the current Texas Legislative session that impact the design and construction industries? Find out about the bills that would limit damages in personal injury cases and impose requirements for obligating subcontractors to follow incorporated documents. https://buff.ly/4kiFIzi

Does the Texas Prompt Pay Act, requiring prompt payment of contractors involved in construction projects, apply to construction of a natural gas facility intended to extract propane, butane and other natural gas liquids (NGLs) in a midstream capture process? The Houston Court of Appeals recently held, no. https://buff.ly/42K3wWr

Under the Corporate Transparency Act (CTA), which went into effect on January 1, 2024, many U.S. business owners are required to file corporate transparency reports with beneficial ownership information. But the CTA is currently on hold. Why and what impact does the pause have on you? https://buff.ly/40NzSNd

What comprises extrinsic evidence that goes solely to the issue of coverage and does not overlap with the merits of liability, and can be used by an insurer to determine whether it owes a duty to defend? A Federal court in Texas recently provided its interpretation. https://buff.ly/3WMmU12

Does an insurer that issued a commercial general liability policy owe a duty to defend an architect in a malpractice claim? The US Court of Appeals for the Seventh Circuit recently held, yes. We provide a roadmap for the Court’s controversial decision. https://buff.ly/41KcSkk

Does a land developer owe a duty to homeowners to set minimum slab elevations to prevent flooding during a foreseeable weather event? The Houston Court of Appeals recently answered this question, no. How did the Court arrive at this decision? https://buff.ly/3VLzoW3

A US Bankruptcy Court in Houston recently dismissed subrogation lawsuits seeking $1.3 billion in damages related to an explosion at a liquified natural gas facility on the Gulf of Mexico. How did the waiver of subrogation clause in the contract play into the Court’s decision? We analyze the Court's decision. https://buff.ly/3VTTrSy

As the Texas Legislature convenes for its next session in January 2025, what bills impacting the construction industry are being considered or proposed? Get a sneak peek. https://buff.ly/3OoTh16